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HISTORY 



OF 



CONGRESS 



HISTORY 



OF 



CONGRESS; 



EXHIBITING A CLASSIFICATION 



THE PROCEEDINGS OF THE SENATE, 

AND 

TIIE HOUSE OF REPRESENTATIVES, 

FROM MARCH 4, 1789, TO MARCH 3, 1793; 
EMBRACING THE FIRST TERM OP THE ADMINISTRATION 

OF 

GENERAL WASHINGTON. 



PHILADELPHIA: 

LEA & BLANCHARD. 



1843. 



V : 







Entered, according to the Act of Congress, in the year 1834, by Caret, Lea 
h Blaxcitard, in the District Court for the Eastern District of Pennsylvania. 



{& It will be observed, that this volume is complete in itself, and 
is offered without reference to anv continuation. 



THE PUBLISHERS, 



Philadelphia, March, 1343. 



PREFACE. 



The object of this work, is to present a classification of the 
legislative measures of the first term of General Washing- 
ton's administration. The multitudinous subjects which, in 
the Journals of the two houses, are scattered over the sur- 
face of thirteen hundred pages, requiring vast labour and 
a close scrutiny to discover and to disentangle them from the 
heterogeneous mass of which they form a part, are herein 
collected and arranged in system, so as to present at once 
the entire legislation on every topic of public interest and 
private concernment. 

Connected with this order, an arrangement more general 
in its character presents the measures before the first and 
second Congresses, under distinct classes, divided into, and 
designated, Chapters, for the purpose of a more easy refer- 
ence, and the more ready comprehension of the course of legis- 
lation. It will be perceived that the work embraces only 
such details as belong to the actual legislation of Congress. 
To have included the particulars of every individual appli- 
cation to the two houses, would have been to swell the vo- 
lume to a cumbrous and unwieldy magnitude, without giving 
to it a corresponding increase of value. Equally impracti- 
cable would have been any effort to compress within conve- 
nient limits the important public papers communicated by 
the executive to the legislative branch. Some of these are 
eminently interesting in themselves, and others appear ne- 
cessary to elucidate the causes and progress of legislation. 
Should the public decision as to the usefulness of the present 



IV PREFACE. 

volume be such as to justify a continuance of the work, the 
whole of the public documents connected with the parlia- 
mentary history of the two terms of General Washington's 
administration, may be conveniently presented, condensed 
and arranged in a separate volume, after the completion of 
the legislative proceedings of that period. 

No claim to literary merit can be founded on a publication 
which is the sole result of reference and research. It was 
regarded by judicious individuals, conversant with the busi- 
ness of Congress, and well acquainted with the difficulty of 
tracing the course of legislation in cases to which it may fre- 
quently be necessary to advert, as the preferable mode, to 
exclude from this work every thing which might have the 
slightest tendency to cloud succinctness, or invest accuracy 
with doubt. Such would probably have been the effect of 
adventuring into any latitude of remark, beyond the pre- 
scription of necessity. Copiousness, to as great an extent as 
the limited plan of the work would admit, was deemed of es- 
sential importance^ in order, as far as possible, to obviate the 
indispensableness of recurring to the Journals themselves; 
and it will be apparent that the appropriation of any space 
to mere editorial observation must be a departure from that 
rule. It can be scarcely necessary to say more on the sub- 
ject of the accuracy of the work than that the pari passu re- 
ferences to the Journals, while they present the strongest 
guarantees for fidelity of purpose, afford every facility for 
the correction of inadvertent errors; although, in some cases, 
the daily records of proceedings printed under the autho- 
rity and inspection of Congress, have been found inaccurate 
or defective. 



TABLE OF CONTENTS. 



Chapter I. Organization, &c. &c. - 9 — 145 
II. The Constitution— Ratifications, &c. - 146—286 
III. National Revenue — The Tariff Resolu- 
tions, &c. 287—431 

IV. Executive Departments — Creation of, &c. 432 — 484 
V. National Defence — Organization, &c. - 485 — 585 
VI. Navigation, Commerce, Trade, &c. — En- 
couragement, &c. - 586 — 617 
VII. Public Debt— Bill making Provision, &c. - 618—679 
VIII. Appropriations— Estimates, &c. - - 680—706 
IX. Miscellaneous— Copy-rights, &c. - - 707—727 

Members of the First Congress, 728 

Members of the Second Congress, 729, 730 

Index, --------- 731—736 



HISTORY OF COXGRESS, 



ORGANIZATION OF HOUSES— RULES, &c. 



CHAPTER L 



Organization of Houses — Elections of Officers — Adoption of Rules — Examina- 
tions of Votes for President and Vice-President — Speeches of President on 
opening the Sessions — Addresses of the two Houses^ — Committees — Perma- 
nent Seat of Government — Journals — Times and Places of Meeting — Motions 
to open Doors of Senate — Stenographers. 



1st Congress 
1st Session. 



Chap. i. * The First Congress of the United States, under the constitu- 
tion of government proposed by the federal convention, held in 
Philadelphia on the 17th of September, 1787, assembled in the 
Meeting of city of New York, on Wednesday, the 4th of March, 1 789 ; ele- 
Congress. yen Q f ^ e states, namely, New Hampshire, Massachusetts, Con- 
necticut, New York, New Jersey, Pennsylvania, Delaware, Ma- 
ryland, Virginia, South Carolina, and Georgia, having previously 
ratified the Constitution. On the first day of the session, the 
following senators and representatives appeared, and took their 
seats : — 



1789. 



H. Journal, 
p. 3. 



SENATORS. 

Members JohnLangdon ^ 

and > New Hampshire. 



present. 



Paine Wingate, y 

Caleb Strong, — Massachusetts. 

Wm. S. Johnson ~) 

and £ Connecticut, 

Oliver Ellsworth, j 

William Maclay"> 

and > Pennsylvania. 

Robert Morris, j 

William Few, — Georgia. 



Vol. L— 2 



REPRESENTATIVES. 

George Thatcher, ~\ 

Fisher Ames, ( ,.. 

^ T ' j ^Massachusetts. 

George Leonard, f 

Elbridge Gerry, J 

Benj. Huntington, "^ 

Jonathan Trumbull, C Connecticut. 

Jeremiah Wadsworth, j 

Fred. Aug. Muhlenberg,"^ 
Thomas Hartley, 1 p 



S. Journal 
p. 5. 



Peter Muhlenberg, 
Daniel Heister, 






Alexander White, — Virginia. 
Thomas Tudor Tucker,— S. Carolina, 



10 



HISTORY OF CONGRESS. 



Chap. I. 



Organization of Houses— Rules, &x. 



1st congress. The following senators and representatives did not appear. 



1st Session 



1789. 



SENATORS. 

Members Tristram Dalton,— Massachusetts. 
absent. 

Philip Schuyler} 

and > New Yokk. 

Rufus King-, J 

Jonathan Elmer} 

and > New Jersey. 

Wm. Patterson, j 

George Reed } 

and C Delaware. 

Richard Bassett, j 

Charles Carroll} 

and > Maryland. 

John Henry, j 

Richard H. Lee} 

and £. Virginia. 

Wm. Grayson, j 

Pierce Butler} 

and v South Carolina. 

Ralph Izard, j 

James Gunn, — Georgia. 



REPRESENTATIVES. 



Nicholas Gilman, 
Abiel Foster, 



New Hampshire. 



Theodore Sedgwick,"^ 
Benj. Goodhue, 1 

George Partridge, [ 
Jonathan Grout, J 



S. Journal, 
p. 7, 10, 11, 
14, 28, 31, 

44, 45. 



Massachusetts. 



Roger Sherman, 
Jonathan Sturges, 



Connecticut. 



Henry Wynkoop, "^ 
George Clymer, lp HNWST , VA ^ TA 
Thos. Fitzsimmons, ^^ssylvania. 
Thomas Scott, J 

John Vining, — Delaware. 



H. Journal, 
p.4, 5, 6,7, 
11, 12, 16, 
18, 19, 24, 
29, 31, 40, 
46, 48, 49, 
79. 



John Lawrance, 
Egbert Benson, 
William Floyd, 
John Hathorn, 
Jere. Van Rensselaer, 
Peter Silvester, 



>New York. 



Elias Boudinot, ""i 

James Schureman, 1 N 
Lambert Cadwalader, T JNEW JEHSEX « 
Thomas Sinnickson, J 



William Smith, 
George Gale, 
Daniel Carroll, 
Joshua Leney, 
Benjamin Covtee, 
Mich. Jenifer Stone,. 

John Brown, "1 

James Madison, Jr., 
John Page, 
Richard Bland Lee, 
Samuel Griffin, 
Andrew Moore, 
Josiah Parker, 
Theodoric Bland, 
Isaac Coles, _> 

Edanus Burke, "\ 
Daniel Huger, 
William Smith, 
Thomas Sumpter, 



^Maryland. 



^Virginia. 



-South Carolina. 



Abraham Baldwin, } 

James Jackson, £» Georgia. 

George Mathews, j 



Adjourned No quorum appearing, the two houses adjourned, and conti- s. Journal, 

for want of nuec | to meet an( j ac y ourn f or some weeks before the requisite h. journal 

number of members attended. On the 4th of March, the sena- p. 3, 4, 5, 6, 



HISTORY OF CONGRESS. . H 



Chap. I. Organization of Houses— Rules, &c. 1789. 



1st confess, tors present, addressed a circular letter to the absent members 

1st Session. r ■ f . t 1 • i 1 /• i 1 

of that body, describing the situation in which they found them- 



Circular to selves placed, pointing out " the indispensable necessity of put- S. Journal, 

absentees, 
Mar. 11th. 



_ — . — f , j x c ■& 

' es ' ting the government into immediate operation," and requesting p 



the attendance of the absentees as soon as possible. On the 
Second cir- 18th of March, no other senator having arrived, a second circu- 
18th 1 ' aT ' * ar l e ^ er was addressed to eight of the absent senators, excluding 
those whose residences were so distant as to make it impossible 
that a letter would reach them previously to their departure on 
their public duties. The terms in which this second communi- 
cation was couched were more urgent. It was suggested, that 
" the House of Representatives will probably be formed in two Id. p. 6. 
or three days;" that, therefore, the presence of the absent sena- 
tors " is indispensably necessary;" and a confidence is expressed 
that they will not suffer " the public expectations to be disap- 
pointed." An efficient response to these applications does not 
appear to have been received until the 6th of April, some days 
after the appearance of a majority of the House of Represen- 
tatives. 
Quorum in On the 1st of April, thirty members of the house being pre- H. Journal, 
t e iouse. sen ^ constituting a quorum, a resolution was adopted to proceed P 
Election of to the choice of a speaker by ballot, and Frederick Augustus 
aspea-er. Muhlenberg, one of the representatives for the state of Pennsyl- 
vania, having received a majority of the votes of the whole 
house, was declared to be duly elected speaker of the house. 
The speaker was then conducted to the chair, and suitably ac- 
knowledged the honour which had been conferred upon him. 
Appoint- Mr. John Reckley was then appointed clerk of the house, by a ibid, 
clerk. ° * majority of the votes, the election being made by ballot, as in 
the choice of the speaker. An order was adopted that the mem- 
Committee bers deliver in their credentials at the clerk's table. On the 
t ul PreP and f°H° w i n g day, a committee of eleven members was appointed 
report du- " to prepare and report such standing rules and orders of pro- 
services^of cee(Hn g as ma y De proper to be observed in this house," and ibid, 
a sergeant- Messrs. Gilman, Gerry, Wadsworth, Boudinot, Hartley, Smith, 
Lee, Tucker, Madison, Sherman, and Goodhue, were appointed 
such committee. An instruction was given to this committee to 
report, also, " the duties and services of a sergeant-at-arms, or 
other proper officer for enforcing the orders of the house." On ibid. 
Election of the 4th of April, Giffbrd Dalley was elected by ballot to be door- 
door keep- k ee p er of the house, and Thomas Claxton was elected, in the Id. p. T. 
er, and as- r 

sistantdoor same manner, to be assistant door-keeper. 

keeper. Notwithstanding the efforts which were made to produce the 



12 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1789. 



1st congress, attendance of members, a quorum of the Senate was not ob- s. Journal. 

1st Session. i_. * 

T tained until Monday, the 6th of April; when, twelve senators P' 7 * 

the Senate, being present, John Langdon, of New Hampshire, was elected 
Election president of that body, " for the sole purpose of opening and 
dent. PreSi " counting the votes for President of the United States." A mes- 
sage announcing the presence of a quorum, and the election of 
a president for the purpose above named, was then sent to the 
Votes for House of Representatives. The house then repaired to the se- H - Journal, 
and* 1 Vice- na * e chamber, where, in presence of the two houses, the votes P ' ' 
President for President and Vice-President of the United States were exa- 
ted states" mined, by Mr. Patterson of New Jersey, acting as teller on the 
counted, part of the Senate, and Mr. Parker of Virginia, and Mr. Heister 

of Pennsylvania, acting as tellers on the part of the house, and Id - P- 8 - 
the president of the Senate declared the result to be that George s - Journal, 
Washington was unanimously elected President, and John Adams 
Vice-President of the United States. In compliance with a re- 
solution of the house, the Senate then directed that the persons 
Bill to re- elected be notified of their election. On the same day, leave H. Journal, 
kins- oath." was gi yen D y the house to bring in a bill to regulate the taking p * 
the oath, or affirmation, prescribed by the sixth article of the 
Constitution : a committee, consisting of Messrs. White, Madison, 
Trumbull, Gilman, and Cadwalader, was appointed to prepare 
the same, and the following form of oath was prescribed : — 

Form of " I, A. B., a representative of the United States in the Con- 
oath, gress thereof, do solemnly swear, or affirm, (as the case may be,) 
in the presence of Almighty God, that I will support the Consti- 
tution of the United States. So help me God." 

Bill to re- On the 14th of April, Mr. White presented, according to or- Id. p. 14. 
fme^oath." der, a bill to regulate the taking the oath, or affirmation, pre- 
Read first scribed by the sixth* article of the Constitution, which was read 
time. * ne ^ rs ^ ti me - O n the 16th, the bill was read a second time, and 

committed. This bill occupied the attention of the house on the Id. p. 15. 
20th and 22d in committee of the whole, when it was reported 
Bill consi- with amendments. On the 25th, the amendments were con- id. p. 18, 
passed. ^ curred in, and the bill was ordered to be engrossed; and the bill * ■ ' 

* The portion of the sixth article of the Constitution, referred to, is as fol- 
lows- — 

"The senators and representatives, Ibefore mentioned, and the members of 
the several state legislatures, and all executive and judicial officers, both of the 
United States, and of the several states, shall be bound by oath, or affirmation, 
to support this Constitution; but no religious test shall be required, as a qualifica- 
tion to any office, or public trust, under the United States." 



HISTORY OF CONGRESS. 13 



CHAP. I. Organization of Houses— Rules, &c. 1789. 



1st congress, was passed by the house on the 27th. The bill was received s. Journal, 

ISt otiSSlOIl. ~%*T 

Read in Se- an ^ reac * a ^ rs ^ ** me * n * ne Senate on the 28th of April : on the P' 17 * 
nate a first 29th, the bill received its second reading, and was committed. Id. p, 18. 
dme! eC ° nd 0n the 2d of Ma y» the bil1 was reported with amendments, id. p. 21, 

which were concurred in by the Senate, on the following day. 
Amended The bill was then ordered to be read a third time, and was 

* passed on the 5th of May. On the 6th of May, the House of H. Journal, 

House Representatives agreed to the amendments of the Senate, with p * * 
amends. i , 

an amendment. 

It is to be regretted that the rules of the Senate, during the 
period embraced in this volume, preclude the possibility of refe- 
rence to any debates which may have taken place in that body. 
One of the amendments made by the Senate, was in the follow- 
ing words : — 

" Be it enacted, That the members of the several state legis- Lloyd's 
latures, and all executive and judicial officers of the several ^"^p". 
states, who have been heretofore chosen or appointed, or who gister, vol. 
shall be chosen or appointed before the first day of August next, 225 r - 
and also shall then be in office, shall, within one month thereaf- 
ter, take the same oath or affirmation, except where they shall 
have taken it before ; which may be administered by any per- 
son authorized by the law of the state, in which such office shall 
be holden, to administer oaths. And the members of the seve- 
ral state legislatures, and all executive and judicial officers of 
the several states, who shall be chosen or appointed after the 
said first day of August, shall, before they proceed to execute 
the duties of their respective offices, take the foregoing oath or 
affirmation, which shall be administered by the person or per- 
sons who by the law of the state shall be authorized to adminis- 
ter the oath of office ; and the person or persons, so administer- 
ing the oath, hereby required to be taken, shall cause a record, 
or certificate, thereof to be made, in the same manner, as, by 
the law of the state, he or they shall be directed to record or 
certify the oath of office." 

This amendment appears to have led to some discussion in the 
House of Representatives. Messrs. Gerry, Jackson, and Silves- 
ter opposed the amendment, and Messrs. Bland, Lawrance, Sher- 
man, and Boudinot supported it. The grounds of opposition 
were, that the power of Congress to direct the states in this mat- 
ter was open to doubt; and that, even if it existed, the policy of 
exercising it, and thus incurring the risk of provoking jealousy 
^mong the states of the federal government, was questionable. 



14 HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses— Rules, &c. 1789. 



1st congress. The amendment of the Senate was concurred in, with an 

1st Session. 

amendment, — That the members of the state legislatures be di- 
rected to take the oath at their next sessions, respectively. 
Senatecon- The Senate, on the 7th of May, agreed to the amendment s. Journal, 
curs ' made by the House of Representatives. On the 18th of May, P- 23> 

Committee the Senate appointed Mr. Lee to be a committee on their part, 
toenrSand *° J om anv committee appointed for that purpose on the part 
present bill of the House of Representatives, to lay before the President of 
dent. rCS1 " tne United States, for his approbation, a bill, entitled, "An Act Id. p. 27. 
to regulate the time and manner of administering certain oaths," 
after it shall be enrolled, examined by the said committee, and 
signed by the speaker of the House of Representatives, and by 
House the Vice-President. On the 19th of May, the House of Repre- H. Journal, 
sentatives appointed Messrs. Partridge and Floyd to be the com- p ' 38, 
mittee on their part, for the same purpose. The bill was laid 
before the President, by this committee, on the 22d of May, and 
President a message from the President was received by the House of Re- id. p. 40, 
b?n. r0VeS presentatives, on the 1st of June, certifying the house that he 43, 

had approved and signed the bill. 
Oath admi- The bill having passed, the oath was administered by the Id. p. 44. 
House and speaker of the house, on the 2d of June, to the clerk, and to 
to Senate, such of the members as had not already taken the oath under a 

resolution of the house of the 6th of April, prescribing a form, id. p. 7, 11. 
and of the 7th, requesting its administration by the Chief Jus- 
tice of the state of New York. And, in pursuance of an order s. Journal, 
of the Senate, Mr. Langdon administered the oath, first to the p * 31 * 
Vice-President, who administered it afterwards to the members 
of the Senate, and to the secretary, together with the oath of 
office. 
Senate The Senate, on the 7th of April, appointed Messrs. Ellsworth, id. p. 10. 
committee, j^^ g^^ Maclay, and Bassett, to be a committee to prepare 
rules in re- rules to govern the two houses in cases of conference, and on 
confer-* * ne manner °f electing chaplains; also, to prepare rules for con- 
ence,chap- ducting business in the Senate, 
lains, &c. 

Mr. Boudinot, on the same day, from the committee of the H. Journal, 
House of Representatives, appointed to prepare rules and orders p * ' 

of proceeding for that house, made the following report, which 
was agreed to by the house : — 

System of " The committee to whom it was referred to prepare such 
rules for standing rules and orders of proceeding as may be proper to be 
reported observed in this house, have, according to order, prepared the 
and agreed game? anc j agreed to the following report : — 



HISTORY OF CONGRESS. 15 



CHAP. I. Organization of Houses— Rules, &c. 1789. 



speaker. 



ist congress. " Resolved — That it is the opinion of this committee, that the 

1st Session. ** * 7 

rules and orders following are proper to be established, as the 
standing rules and orders of this house ; to wit : 

Rutes. "First. — Touching the Duty of the Speaker. H. Journal, 

. r» 8 Q 

Dutyofthe « He shall take the chair every day at the hour to which the 
house shall have adjourned on the preceding day; shall immedi- 
diately call the members to order, and, on the appearance of a 
quorum, shall cause the journal of the preceding day to be read. 

" He shall preserve decorum and order ; may speak to points 
of order in preference to other members, rising from his seat for 
that purpose, and shall decide questions of order, subject to an 
appeal to the house by any two members. 

" He shall rise to put a question, but may state it sitting. 

14 Questions shall be distinctly put in this form ; namely, ' As 
many as are of opinion that, (as the question may be,) say Ay : 
and, after the affirmative voice is expressed — ' As many as are 
of a contrary opinion, say No.' 

" If the speaker doubt, or a division be called for, the house 
shall divide; those in the affirmative going to the right, and 
those in the negative to the left of the chair. If the speaker 
still doubt, or a count be required, the speaker shall name two 
members, one from each side, to tell the members in the affirma- 
tive ; which being reported, he shall then name two others, one 
from each side, to tell those in the negative ; which being also 
reported, he shall rise and state the decision to the house. 

" The speaker shall appoint committees, unless it be deter- 
mined by the house that the committee shall consist of more than 
three members, in which case the appointment shall be by ballot 
of the house. 

" In all cases of ballot by the house, the speaker shall vote ; 
in other cases he shall not vote, unless the house be equally di- 
vided, or unless his vote, if given to the minority, will make the 
division equal, and, in case of such equal division, the question 
shall be lost. 

" When the house adjourns, the members shall keep their 
seats until the speaker go forth, and then the members shall 
follow. 

"Secondly. — Of Decorum and Debate. 

jof deco- " When any member is about to speak in debate, or deliver id. 9, 10. 
mmandde- any ma tter to the house, he shall rise from his seat, and respect- 
fully address himself to Mr. Speaker. 



IQ HISTORY OF CONGRESS. 



ClIAP. I. Organization of Houses— Rules, &c. 1789. 



ist congress. " If any member, in speaking, or otherwise, transgress the 

— - rules of the house, the speaker shall, or any member may, call 

RuIes - to order; in which case the member called to order shall imme- 
diately sit down, unless permitted to explain, and the house shall, 
if appealed to, decide on the case, but without debate. If there 
be no appeal, the decision of the chair shall be submitted to. If 
the decision be in favour of the member called to order, he shall 
be at liberty to proceed ; if otherwise, and the case require it, 
he shall be liable to the censure of the house. 

" When two or more members happen to rise at once, the 
speaker shall name the member who is first to speak. 

" No member shall speak more than twice to the same ques- 
tion, without leave of the house ; nor more than once, until eve- 
ry member choosing to speak, shall have spoken. 

" Whilst the speaker is putting any question, or addressing the 
house, none shall walk out of, or across the house; nor either in 
such case, or when a member is speaking, shall entertain pri- 
vate discourse, or read any printed book or paper; nor whilst a 
member is speaking, shall pass between him and the chair. 

" No member shall vote on any question, in the event of which 
he is immediately and particularly interested ; or in any other 
ease where he was not present when the question was put. 

" Every member who shall be in the house when a question 
is put, shall vote on the one side or the other, unless the house, 
for special reasons, shall excuse him. 

" When a motion is made, and seconded, it shall be stated by 
the speaker, or, being in writing, it shall be handed to the chair, 
and read aloud by the clerk, before debated. 

" Every motion shall be reduced to writing, if the speaker, or 
any member, desire it. 

" After a motion is stated by the speaker, or read by the clerk, 
it shall be deemed to be in possession of the house, but may be 
withdrawn at any time before a decision or amendment 

u When a question is under debate, no motion shall be re- 
ceived, unless to amend it, to commit it, for the previous ques- 
tion, or to adjourn. 

"A motion to adjourn shall be always in order, and shall be 
decided without debate. 

" The previous question shall be in this form: ' Shall the main 
question be now put V It shall only be admitted when demand- 
ed by five members ; and, until it be decided, shall preclude all 
amendment and farther debate of the main question. 

" On a previous question, no member shall speak more than 
once, without leave. 



HISTORY OF CONGRESS. j 7 



CHAP. I. Organization of Houses— Rules, &c. 1789. 



1st congress. " Any member may call for the division of a question, where 

1st Session. J J ^ 

the same will admit ot it. 



Rules. 



" A motion for commitment, until it be decided, shall preclude 
all amendment of the main question. 

" Motions and reports may be committed at the pleasure of 
the bouse. 

" No new motion or proposition shall be admitted, under co- 
lour of amendment, as a substitute for the motion or proposition 
under debate. 

" Committees, consisting of more than three members, shall be 
balloted for by the house ; if, upon such ballot, the number re- 
quired shall not be elected by a majority of the votes given, the 
house shall proceed to a second ballot, in which a plurality of 
votes shall prevail ; and, in case a greater number than are re- 
quired to compose or complete the committee, shall have an 
equal number of votes, the house shall proceed to a farther bal- 
lot or ballots. 

" In all other cases of ballot, than for committees, a majority 
of the votes given shall be necessary to an election, and where 
there shall not be such majority on the first ballot, the ballot 
shall be repeated until a majority be obtained. 

" In all cases where others than members of the house may 
be eligible, there shall be a previous nomination. 

" If a question depending be lost by adjournment of the house, 
and revived on the succeeding day, no member who has spoken 
twice on the day preceding, shall be permitted again to speak 
without leave. 

" Every order, resolution, or vote, to which the concurrence of 
the Senate shall be necessary, shall be read to the house, and 
laid on the table, on a day preceding that in which the same 
shall be moved, unless the house shall otherwise expressly allow. 

" Petitions, memorials, and other papers, addressed to the 
house, shall be presented through the speaker, or by a member 
in his place, and shall not be debated or decided on the day of 
their being first read, unless where the house shall direct other- 
wise; but shall lie on the table, to be taken up in the order they 
were read. 

" Every fifteen members (including the speaker, if there be 
one,) shall be authorized to compel the attendance of absent 
members. 

" Upon calls of the house, or in taking the ayes and noes on 
any question, the names of the members shall be called alpha- 
betically. 

Vol. I.— 3 



18 



HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1789, 



1st Congress, 
1st Session. 



Rules. 



" Thirdly.— Of Bills. 

" Every bill shall be introduced by motion for leave, or by an H. Journal, 
Of Bills. or d er f the house on the report of a committee, and, in either p ' 
ease, a committee to prepare the same shall be appointed. In 
cases of a general nature, one day's notice, at least, shall be 
given of the motion to bring in a bill, and every such motion may 
be committed. 

" Every bill shall receive three several readings in the house, 
previously to its passage; and all bills shall be despatched in order 
as they were introduced, unless where the house shall direct 
otherwise; but no bill shall be twice read, on the same day, with- 
out special order of the house. 

" The first reading of a bill shall be for information, and if op- 
position be made to it, the question shall be, " Shall the bill be 
rejected?" If no opposition be made, or the question to reject 
be negatived, the bill shall go to its second reading without a 
question. 

" Upon the second reading of a bill, the speaker shall state it 
is ready for commitment or engrossment; and, if committed, then 
the question shall be, whether to a select committee, or to a com- 
mittee of the whole house : if to a committee of the whole house, 
the house shall determine on what day. But if the bill be or- 
dered to be engrossed, the house shall appoint the day when it 
shall be read the third time. After commitment, and a report 
thereof to the house, a bill may be recommitted, or at any time 
before its passage. 

" All bills ordered to be engrossed shall be executed in a fair 
round hand. 

" The enacting style of bills shall be, — ' Be it enacted by the 
senators and representatives of the United States, in congress as- 
sembled.' 

" When a bill shall pass, it shall be certified by the clerk, 
noting the day of its passing at the foot thereof. 

" No bill amended by the Senate shall be committed. 

"Fourthly. — Of Committees of the whole House. 
Of com- " It shall be a standing order of the day, throughout the ses- ibid. 

thc te whole sioD ' for thc hollse to resolve itscl f int0 a committee of the whole 
house. house on the state of the Union. 

" In forming a committee of the whole house, the speaker shall 
leave his chair, and a chairman, to preside in committee, shall be 
appointed. 



HISTORY OF CONGRESS. jg 



Chap. I. Organization of Houses— Rules, &c. 1789. 



1st congress. « Upon bills committed to a committee of the whole house, the 

1st Session. J 7 

bill shall be first read throughout by the clerk, and then again 
Rues > read and debated by clauses, leaving the preamble to be last con- 
sidered. The body of the bill shall not be defaced or interlined, 
but all amendments, noting the page and line, shall be duly en- 
tered by the clerk, on a separate paper, as the same shall be 
agreed to by the committee, and so reported to the house. Af- 
ter report, the bill shall again be subject to be debated and 
amended by clauses, before a question to engross it be taken. 

" All amendments made to an original motion, in committee, 
shall be incorporated with the motion, and so reported. 

" All amendments made to a report committed to a committee 
of the whole, shall be noted and reported, as in the case of bills. 

" All questions, whether in committee or in the house, shall be 
propounded in the order they were moved, except that, in filling 
the blanks, the largest sum and longest day shall be first put. 

" The rules of proceeding in the house shall be observed in 
committee, so far as they may be applicable, except that limit- 
ing the times of speaking." 

Addition- On the 13th of April, the following additional rules, reported H. Journal, 
al r "d? a " ky * ne same committee on the 11th, were agreed to : — P* 13, 

" That any member may excuse himself from serving on any 
committee, at the time of his appointment, if he be then a mem- 
ber of two other committees. 

"That no member absent himself from the service of the 
house, unless he have leave, or be sick, and unable to attend. 

" Upon a call of the house, for which, at least, one day's no- 
tice shall be requisite, the names of the members shall be called 
over by the clerk, and the absentees noted; after which the 
names of the absentees shall be again called over: the doors shall 
then be shut, and those for whom no excuses, or insufficient ex- 
cuses,, are made, may, by order of the house, be taken into cus- 
tody. 

" A standing committee of elections shall be appointed, to con- 
sist of seven members ; it shall be the duty of the said commit- 
tee, to examine and report upon the certificates of election, or 
other credentials of the members returned to serve in this house, 
and to take into their consideration all such matters as shall or 
may come in question, and be referred to them by the house, 
touching returns and elections, and to report their proceedings, 
with their opinion thereupon to the house. 

" The clerk of the house shall take an oath for the true and 



20 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1789. 



1st congress, faithful discharge of the duties of his office, to the best of his 

1st Session. ... 

knowledge and abilities." 

The committee, also, reported the three following rules, which 
were ordered to be recommitted to the same committee. 



Rules. 



Rules re- " It shall be the office and duty of a sergeant-at-arms, to at- H. Journal, 
recommit * enc * ^ ne nouse during its sitting, to execute the commands of p * ' 
ed. the house, from time to time, and all such process, issued by au- 

thority thereof, as shall be directed to him by the speaker, and, 
either by himself, or special messengers appointed by him, to 
take and detain in his custody, members, or other persons, or- 
dered by the house to be taken or committed. 

" A proper symbol of office shall be provided for the sergeant- 
at-arms, of such form and device as the speaker shall direct, 
which shall be placed on the clerk's table during the sitting of 
the house, but when the house is in committee, shall be placed 
under the table. The sergeant-at-arms shall, moreover, always 
bear the said symbol when executing the immediate commands 
of the house, during its sitting, returning the same to the clerk's 
table when the service is performed. 

u Every member, or other person, ordered into custody, shall 

pay to the sergeant-at-arms for every arrest, and for 

each day's custody and releasement; also, per mile for tra- 
velling expenses, going and returning, unless the payment there- 
of shall be remitted by the house." 

The committee, to whom these three rules were recommitted, 
reported, on the 14th of April, the following modifications of 
them, which received the approbation of the house, and were 
incorporated into the standing rules and orders of the house : — 

Rules mo- " A sergeant-at-arms shall be appointed, to hold his office id. p. 14. 
t reed to d during the pleasure of the house, whose duty it shall be to at- 
tend the house during its sitting, to execute the commands of the 
house, from time to time, and all such process, issued by autho- 
rity thereof, as shall be directed to him by the speaker. 

" A proper symbol of office shall be provided for the sergeant- 
at-arms, of such form and device as the speaker shall direct, 
which shall be borne by the sergeant when in the execution of 
his office. 

" The fees of the sergeant-at-arms shall be, for every arrest, 
the sum of two dollars; for each day's custody and releasement, 
one dollar; and for travelling expenses, going and returning, one- 
tenth of a dollar per mile." 



HISTORY OF CONGRESS. 



21 



Chap. I. 



1st Congress. 
1s t Session. 

Rules. 



Report of 
joint com- 
mittee, on 
rules rela- 
ting to con- 
ferences 
and chap- 
lains. 



Rule con- 
cerning- 
conferen- 



Organization of Houses— Rules, &c. 



1789. 



Chaplains. 



Senate 
Rules. 



On the 9th of April, Messrs. Boudinot, Sherman, Tucker, Ma- H. journal, 
dison, and Bland were appointed a committee, on the part of the p * * 
house, to prepare a system of rules to govern the two houses in 
cases of conference, and to regulate the appointment of chap- 
lains. The joint committee, on the 15th, reported the following Id. 15, 16. 
rule, which received the acquiescence of the two houses, and s. Journal, 
was adopted into the body of rules : — 

" That, in every case of an amendment of a bill, agreed to in 
one house, and dissented to in the other, if either house shall re- 
quest a conference, and appoint a committee for that purpose, 
and the other house shall also appoint a committee to confer, such 
committees shall, at a convenient hour, to be agreed on by their 
chairman, meet in the conference chamber, and state to each 
other, verbally, or in writing, as either shall choose, the reasons 
of their respective houses for and against the amendment, and 
confer freely thereon." 

The following resolution was also reported and agreed to : — 

" That two chaplains, of different denominations, be appoint- 
ed by Congress for the present session: the Senate to appoint 
one, and give notice thereof to the House of Representatives, 
who shall thereupon appoint the other; which chaplains shall 
commence their services in the houses that appoint them, but 
shall interchange weekly." 

On the 16th of April, the Senate adopted the following rules, 
which were reported, on the 13th, by the committee appointed 
to prepare rules : — 

" I. The president, having taken the chair, and a quorum be- Id. p. 13. 
ing present, the journal of the preceding day shall be read, to 
the end that any mistake may be corrected, that shall have been 
made in the entries. 

"II. No member shall speak to another, or otherwise inter- 
rupt the business of the Senate, or read any printed paper, while 
the journals or other public papers are reading, or when any 
member is speaking in any debate. 

" III. Every member, when he speaks, shall address the chair, 
standing in his place, and, when he has finished, shall sit down. 

" IV. No member shall speak more than twice in any one de- 
bate, on the same day, without leave of the Senate. 

" V. When two members rise at the same time, the president 
shall name the person to speak; but, in all cases, the member 
first rising shall speak first 



22 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 17S9. 



ist congress. << VI. No motion shall be debated, until the same shall be se- 

lst session. 

conded. 
Ruk? " ^* # When a motion is made, and seconded, it shall be re- 

duced to writing, if desired by the president, or any member, 

delivered in at the table, and read by the president, before the 
same shall be debated. 

" VIII. When a question is before the Senate, no motion shall 
be received, unless for amendment, for the previous question, or 
for postponing the main question, or to commit it, or to adjourn. 

" IX. The previous question being moved and seconded, the 
question from the chair shall be, ' Shall the main question be 
now put V And, if the nays prevail, the main question shall not 
then be put. 

" X. If a question in debate contain several points, any mem- 
ber may have the same divided. 

" XL When the yeas and nays shall be called for, by one-fifth 
of the members present, each member called upon, shall, unless for 
special reasons he be excused by the Senate, declare openly, and 
without debate, his assent, or dissent, to the question. In taking 
the yeas and nays, and upon the call of the house, the names of 
the members shall be taken alphabetically. 

" XII. One day's notice, at least, shall be given, of an intend- 
ed motion for leave to bring in a bill. 

" XIII. Every bill shall receive three readings, previously to its 
being passed ; and the president shall give notice at each, whe- 
ther it be the first, second, or third : which readings shall be on 
three different days, unless the Senate unanimously direct other- 
wise. 

" XIV. No bill shall be committed, or amended, until it shall 
have been twice read, after which it may be referred to a com- 
mittee. 

" XV. All committees shall be appointed by ballot, and a plu- 
rality of votes shall make a choice. 

" XVI. When a member shall be called to order, he shall sit 
down until the president shall have determined whether he be in 
order or not ; and every question of order shall be decided by the 
president, without debate : but, if there be a doubt in his mind, 
he may call for the sense of the Senate. 

" XVII. If a member be called to order for words spoken, the 
exceptionable words shall be immediately taken down in writing, 
that the president may be better enabled to judge of the matter. 

u XVIII. When a blank is to be filled, and different sums shall 
be proposed, the question shall first be taken on the highest sum. 



HISTORY OF CONGRESS. 23 



Chap. I. Organization of Houses— Rules, &c. 1789. 



ist congress. « XIX. No member shall absent himself from the service of 

1st Session. 

the Senate, without leave of the Senate first obtained." 

Senate 

Rules. On the 18th, the Senate ordered the following additional rule 
to be subjoined. 

Additional " XX. Before any petition, or memorial, addressed to the Se- S. Journal, 
nate, shall be received and read at the table, whether the same p * 
shall be introduced by the president, or a member, a brief state- 
ment of the contents of the petition, or memorial, shall verbally 
be made by the introducer." 

On the 24th of April, the House of Representatives adopted 
the following resolution : — 
House re- " Resolved — That so much of the standing rules and orders of H. Journal, 
as^Syle ^ house as P rescrib e s the enacting style of bills, be rescinded." p * 20 ' 

On the 9th of June, the House of Representatives adopted the 
following resolution : — 

House re- " Resolved — That so much of the standing rules and orders as id. p. 47. 
scmdsmle, directs that, upon a division of the house, on any question, the 
of division, members who vote in the affirmative shall go to the right, and 

and adopts those in the negative, to the left of the chair, be rescinded ; and 

new one. ° 

that, in future, when a division is called for, those in the affir- 
mative of the question shall rise from their seats, and those in 
the negative remain sitting." 

The House of Representatives, on the 16th of June, adopted 
the following resolution : — 

Seats pro- " Resolved — That seats be provided, within the bar of this id. p. 48. 
vided for h 0llsej f or the accommodation of the president, and members of 
the Senate." 

On the 6th of May, the Senate adopted the following order: — 

Senate or- " Ordered — That, when a bill has passed the Senate, the se- s. Journal, 
der, as to cre t a ry shall endorse the final determination thereon, and the P* 22 * 
ment of day when such final question was taken, previously to its being 
biIls - transmitted to the House of Representatives." 

On the 21st of May, the Senate came to the following resolu- 
tion: — 

Senate re- " Resolved — That all bills, on a second reading, shall be consi- id. p. 28, 
to bills' as dered by the Senate, in the same manner, as if the Senate were 
' in commit- in a committee of the whole, before they shall be taken up, and 
whole. C P roce eded on by the Senate, agreeably to the standing rules, un- 
less otherwise ordered." 



24 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1789. 



1st congress. A motion was made in the Senate, on the 30th of July, and 

1st Session. J 7 

negatived, in the following terms : — 

Proposi- " Resolved — That a clause passed, or amendment made, in com- s. Journal, 
tived. ne&a " mittee, sna ^ not De reversed in the same committee, but may be p " 49, 
so done in the Senate. And no amendment, or clause, agreed to 
in the Senate, shall be reconsidered until the next reading of the 
bill, except at the third reading of a bill, when, by the consent 
of the Senate, it may be amended." 

Secretary, On the 8th of April, the Senate elected Samuel Alyne Otis id. p. 10. 
er, 01 and. eP " *° De their secretary, and Cornelius Maxwell messenger. James 
messenger Mathers having been chosen door-keeper on the preceding day. 
chosen. a ' And, on * ne sam e day, the Chief Justice of the state of New 
Chief Jus- York, in compliance with an order of the house, requesting his 
ticeofNew attendance for that purpose, attended the house, and adminis- H. Journal, 
ministers tered the oath required by the Constitution, in the form which p * 
oath to H. h ac | Deen agreed to, first to the speaker, in his place, and then 
sentatives. to the other members of the house present. 

Reception With reference to the ceremonial of receiving the President s. Journal, 
dent PleS1 " °f tne United States, and the necessary arrangements, the Se- p * °* 
nate, on the 9th of April, appointed a committee, consisting of 
Messrs. Langdon, Johnson, and Few; and, on the 13th, the House H. Journal, 
of Representatives appointed a corresponding committee, to act p " 
in conference with the Senate committee, consisting of Messrs. 
Benson, Muhlenberg, and Griffin. This joint committee reported, 
on the 15th, the following ceremonial, which was agreed to: — 

" That Mr. Osgood, the proprietor of the house lately occu- s. journal, 
pied by the president of Congress, be requested to put the same, p * 12, 
and the furniture therein, in proper condition for the residence 
and use of the President of the United States, and otherwise, at 
the expense of the United States, to provide for his temporary 
accommodation. 
Ceremo- " That it will be more eligible, in the first instance, that a H. Journal, 
mal of re- comm ittee of three members from the Senate, and five mem- p< 

ceiving-the 

President, bers from the House of Representatives, to be appointed by the 
houses, respectively, attend to receive the President, at such 
place as he shall embark from New Jersey for this city, and con- 
duct him, without form, to the house lately occupied by the pre- 
sident of Congress, and that, at such time thereafter as the Pre- 
sident shall signify it will be most convenient for him, he be for- 
mally received by both houses. 

" That a committee of two members from the Senate, and 



HISTORY OF CONGRESS. 25 



CHAP. I. Organization of Houses— Rules, &c. 1789. 



ist congress, three members from the House of Representatives, to be ap- 

pointed by the houses, respectively, wait on the Vice-President 

of the United States, as soon as he shall come to this city, and, 
in the name of the Congress of the United States, congratulate 
him on his arrival." 

Commit- On the following day the Senate appointed Messrs. Langdon, S. Journal, 
on CSt preS- Carro11 ' and Johnson, to be their committee to wait on the Pre- p ' 12, 
dent and sident ; and Messrs. Ellsworth and Dalton to wait on the Vice- 
dent! PreS1 " -President. The house appointed Messrs. Boudinot, Bland, Tuc- H. Journal, 
ker, Benson, and Lawrance, their committee to wait on the P * 
President ; and Messrs. Gilman, Ames, and Gale, to wait on the 
Vice-President. 

Committee A committee, consisting of Messrs. Strong and Izard, was ap- S. Journal, 
Vice^Prest P ointed h J the Senate, on the 20th of April, to wait on the Vice- p * 14 * 
dent to se- President, and conduct him to the senate-chamber ; and, on the 
nate cham- next day> thig comm ittee conducted the Vice-President to the 
senate-chamber, where he was received, on the floor, by Mr. 
Reception. Langdon, the president pro tempore, who addressed him as fol- 
lows : — 

Address of " Sir, — I have it in charge from the Senate, to introduce you 
^motem^ *° ^ e cna * r °f tms house ; and, also, to congratulate you on your 

appointment to the office of Vice-President of the United States 

of America." 

The Vice-President, being conducted to the chair, addressed 
the Senate as follows :— 



dress. 



Vice-Presi- " Gentlemen of the Senate : Invited to this respectable situa- Id. p. 14, 
tion, by the suffrages of our fellow citizens, according to the Con- 
stitution, I have thought it my duty cheerfully and readily to ac- 
cept it. Unaccustomed to refuse any public service, however 
dangerous to my reputation, or disproportioned to my talents, it 
would have been inconsistent to have adopted another maxim of 
conduct at this time, when the prosperity of the country, and 
the liberties of the people, require, perhaps, as much as ever, 
the attention of those who possess any share of the public con- 
fidence. 

" I should be destitute of sensibility, if, upon my arrival in this 
city, and presentation to this legislature, and, especially, to this 
Senate, I could see, without emotion, so many of those charac- 
ters, of whose virtuous exertions 1 have so often been a witness 
— from whose countenances and examples I have ever derived 
encouragement and animation; whose disinterested friendship 
Vol. I.— 4 



26 HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses — Rules, &c. 1789. 



1st congress, has supported me, in many intricate conjunctures of public af- 
fairs, at home and abroad; those celebrated defenders of the li- 
sident'sTd- Gerties °f tms coun t r y> whom menaces could not intimidate, cor- 
dress. ruption seduce, nor flattery allure; those intrepid asserters of 
the rights of mankind, whose philosophy and policy have en- 
lightened the world, in twenty years, more than it was ever be- 
fore enlightened in many centuries, by ancient schools, or mo- 
dern universities. 

" I must have been inattentive to the course of events, if I 
were either ignorant of the fame, or insensible to the merit, of 
those other characters in the Senate, to whom it has been my 
misfortune to have been hitherto personally unknown. 

" It is with satisfaction, that I congratulate the people of Ame- 
rica on the formation of a national Constitution, and the fair 
prospect of a consistent administration of a government of laws. 
On the acquisition of a House of Representatives chosen by 
themselves, of a Senate thus composed by their own state legis- 
latures ; and on the prospect of an executive authority, in the 
hands of one whose portrait I shall not presume to draw. Were 
I blessed with powers to do justice to his character, it would be 
impossible to increase the confidence or affection of his country, 
or make the smallest addition to his glory. This can only be ef- 
fected by a discharge of the present exalted trust, on the same 
principles, with the same abilities and virtues, which have uni- 
formly appeared in all his former conduct, public or private. 
May I, nevertheless, be indulged to inquire, if we look over the 
catalogue of the first magistrates of nations, whether they have 
been denominated presidents or consuls, kings or princes, where 
shall we find one, whose commanding talents and virtues, whose 
overruling good fortune, have so completely united all hearts and 
voices in his favour? Who enjoyed the esteem and admiration of 
foreign nations and fellow citizens with equal unanimity ? Qua- 
lities so uncommon, are no common blessings to the country that 
possesses them. By these great qualities, and their benign ef- 
fects, has Providence marked out the head of this nation, with 
a hand so distinctly visible, as to have been seen by all men, and 
mistaken by none. 

" It is not for me to interrupt your deliberations by any gene- 
ral observations on the state of the nation, or by recommending, 
or proposing, any particular measures. It would be superfluous, 
to gentlemen of your great experience, to urge the necessity of 
order. It is only necessary to make an apology for myself. Not 
wholly without experience in public assemblies, I have been 



HISTORY OF CONGRESS. 



27 



CHAP. I. Organization of Houses— Rules, &c. 1789. 



IS Sonf' more accustomed to take a share in their debates, than to pre- 
side in their deliberations. It shall be my constant endeavour 
sident'fad- to behave towards every member of this most honourable body, 
dress. with all that consideration, delicacy and decorum, which be- 
comes the dignity of his station and character. But if, from in- 
experience, or inadvertency, any thing should ever escape me, 
inconsistent with propriety, I must entreat you, by imputing it 
to its true cause, and not to any want of respect, to pardon and 
excuse it. 

" A trust of the greatest magnitude is committed to this legis- 
lature, and the eyes of the world are upon you. Your country 
expects, from the results of your deliberations, in concurrence 
with the other branches of government, consideration abroad, 
and contentment at home — prosperity, order, justice, peace, and 
liberty : and may God Almighty's providence assist you to an- 
swer their just expectations-" 

Report of On the 24th of April, Mr. Boudinot, from the committee on H. Journal, 
tom^etthe the P art of the House of Representatives, appointed to receive p> 19 ' 
President, the President of the United States, at the place of his embarka- 
tion from New Jersey, reported that the joint committee of the 
two houses did attend at Elizabethtown, in New Jersey, on the 
23d instant, at which place the two committees met the Presi- 
dent, and thence embarked for this city, where they arrived 
about three o'clock of the same day, and conducted him to the 
house appointed for his residence. 
Committee The Senate had, on the preceding day, adopted a resolution, s. Journal, 
p n , s ^? e t ° f an d appointed a committee, consisting of Messrs. Lee, Izard, and P* 16, 
and admi- Dalton, " to consider and report, what style or titles it will be 
oatii"" 8 " P ro P er to annex to the offices of President and Vice-President of 
the United States, if any other than those given in the Constitu- 
tion. Also, to consider of the time, place, and manner, in which, 
and the person by whom, the oath prescribed by the Constitution 
shall be administered to the President, and to confer thereon 
with such committee as the House of Representatives shall ap- 
point for that purpose." And the House of Representatives, on h. Journal, 
the same day, appointed a committee for the same purpose, con- P* 20 - 
sisting of Messrs. Benson, Ames, Madison, Carroll, and Sherman. 

A report was made by the two committees, to their respective 
houses, on the 25th, in the following words : — 

" The committee, appointed to consider of the time, place, 
and manner, in which, and of the person by whom, the oath pre- 



:--; 



> _-..._ 




:•:' KDBp 
t place, and 

::.r: iri. ":t 



.":„.. 



. ■■■^ 



rf Ac |» 



:>: iut 






HISTORY OF CONGRESS. 29 



Chap. I. Organization of Houses— Rules, &c. 1789. 



ist congress. Paul's Chapel, to hear Divine service, to be performed by the 
chaplain of Congress, already appointed." 

Accept- The Right Reverend Samuel Provost had been elected chap- s. Journal, 
Mice of of- j am f ^ e g ena |; ej an d his acceptance of the station was received p# 
chaplain, on this day. 

House con- The resolution of the Senate was taken up, considered, and H. Journal, 
curs - concurred in by the house, on the 29th of April. P* 24, 

Ceremony On Thursday, April 30th, the day appointed for the formal s. Journal, 
ine- ^resi- reception of the President, Mr. Lee, on behalf of the committee P* 18, 
dent, and appointed to take order, for conducting the ceremonial of the 
ing-oath. " f° rma l reception, &c, of the President of the United States, 
having informed the Senate, that the same was adjusted, the 
House of Representatives were notified that the Senate were 
ready to receive them in the senate chamber, to attend the 
President of the United States, while taking the oath required 
by the Constitution. Whereupon, the House of Representa- 
tives, preceded by their speaker, came into the senate cham- 
ber, and took the seats assigned them; and the joint committee, 
preceded by their chairman, agreeably to order, introduced the 
President of the United States to the senate chamber, where he 
was received by the Vice-President, who conducted him to the 
chair; when the Vice-President informed him, that " the Senate 
and House of Representatives of the United States, were ready 
to attend him, to take the oath required by the Constitution, 
and that it would be administered by the Chancellor of the 
State of New York." To which the President replied, he was 
ready to proceed: and, being attended to the gallery in front of 
the senate chamber, by the Vice-President and senators, the 
speaker and representatives, and the other public characters 
present, the oath was administered. After which, the chancel- 
lor proclaimed — (i Long live George Washington, President of the 
United States." 

The President, having returned to his seat, after a short pause, 
arose, and addressed the Senate and House of Representatives, 
as follows: — 

Speech of " Fellow Citizens of the Senate, and of the House of Representa- Id. p. 18, 
President. H ves: 19 > 20 - 

Among the vicissitudes incident to life, no event could have 
filled me with greater anxieties, than that of which the notifica- 
tion was transmitted, by your order, and received on the 14th 
day of the present month. On the one hand, I was summoned 
by my country, whose voice I can never hear, but with venera- 



:> i Herromr or coxgre 

tioo and lore, from a retreat which I had chosen, with the fond- h. Journal, 
est predilection, and, in my flattering hopes, with an immutable g^ 2 ** 25 * 
S^j^t dVcisinn, as the asylum of mj decKmng years; a retreat, which 
was rendered every day more necessary, as well as more dear 

:: r.T. :~ :"".■= i::::::i ::" -.-.':::. :: :~ :".Lii:::i. 21: ::" ::i:izi: 
interruptions to my health, to the gradual waste committed on it 
by time. On the other hand, the magnitude and difficulty of 
the trust, to which the Take of my country called me, being suf- 
i:.:L: :: i~ \2zZ. iz. :_r -jr:: 11: z::e: rviT.-i-riiri ::' 1_ -: 
citizens, a distrustful scrutiny into Ins qualifications, could not 
but overwhelm with despondence, one, who, inheriting inferior 
::::~::e::i iriz: :^:;:r. :.ii :-;;i ::_-;£ :z :'iz :_:iri ::' civil 
:.:.:.•.: ii: :: :: _::_. :~ ± ~.: :.: := priuliirij ::i5i; 5 :: li: :~ ~ ir- 
ficiendes. In this conflict of emotions all I dare aver, is, that 
i: : - f zi-ri. --7 :>.:-.'.„'.:.'. Er_:j. ;; :;'„■=:: z\~ :urj :"::--. 1 ;•-«: 1:- 
preciation of every circumstance by which it might be affected. 
Ali I : --;:■ i:.r. ii ::.:.: ::'. :i T~r:::.z^ :'-i« :.is>. I i:_v .-■= :tcr- 
::•: 1.: :"-. e _ : - _ c i ":j 1 r:.~- .;:'.:. r = ".tr-::i- :-= ::" ::: :e: izs: ..iii?. 
:;. :j --.-. i5~::i:zi:f it ".5::. ..77 :: :'_!= :::ii: t: .:::: :::::*::' :!■= 
:-:ii. :■=-.:■: ::' z.7 :Y_i:~ :::iz ::• : ■:: '". vr = :ii-rL:= ::•: i:::i-= : in- 
sulted my incapacity, as well as disinclination, for the weighty 
and untried cares before me, my error will be palliated by the 
motives which misled me, and its consequences be judged by my 
country, with some share of the partiality in which they origi- 
z::zi. 

:h, being the impressions under which I hare, in obedi- 
k.7.:-z :: '-'-- -"/:.:: r^r jli : ii, r^-iire-i :: :.:i ::-it~: f:i:i:L: i: 
would be peculiarly improper to omit, in tins, my first official act, 
r-.j :'-r -: /. 5z:: i:i:ii :: 1:: .\ir.U\-:- I'r izz ~\-.: rYes :■-/■= r 
the uniTerse; who presides in the council* of nations, and whose 
providential aids can supply every human defect, that his bene- 
ii ::::-. ... .7 : ...- ■; :; :.:■:. :: :;. ;- .::i: ::-:.: \ii ii-;::r.esi ::" :"" = :-:- 
ple of the United States, a government, instituted by themsel 
:":; :i=s^ :•=:-:- :i:-'. :.:::i:i. ■:: c.."7 -:z :■.':'.-: -:'z:j ::.-:: i~:l: 
employed in its administration, to execute with success the func- 
tions allotted to his charge. In tendering tins homage to the 
great Author of every public and private good, I assure mysel£ 
that it expresses your sentiments not less than my own : nor those 
of my fellow citizens at large, less than either. No people can 
be bound to acknowledge and adore the invisible hand, which 
the aftairs of men, more than the people of the United 
ry step, by which they have advanced to the cha- 

of an independent nation, seems to have been 



HISTORY OF CONGRESS. 31 



Chap. I. Organization of Houses— Rules, &c. 1789. 



jst congress, guished by some token of providential agency; and, in the im- 
portant revolution, just accomplished in the system of their united 
Speech of g 0Vernme nt, the tranquil deliberations, and voluntary consent, of 
so many distinct communities, from which the event has resulted, 
cannot be compared with the means, by which most govern- 
ments have been established, without some return of pious gra- 
titude, along with an humble anticipation of the future blessings, 
which the past seem to presage. These reflections, arising out 
of the present crisis, have forced themselves too strongly on my 
mind, to be suppressed. You will join with me, I trust, in think- 
ing, that there are none under the influence of which, the pro- 
ceedings of a new and free government, can more auspiciously 
commence. 

" By the article establishing the executive department, it is 
made the duty of the President, « to recommend to your consi- 
deration, such measures as he shall judge necessary and expe- 
dient.' The circumstances, under which I now meet you, will 
acquit me from entering into that subject, farther than to refer 
to the great constitutional charter, under which you are assem- 
bled; and which, in defining your powers, designates the objects 
to which your attention is to be given. It will be more consis- 
tent with those circumstances, and far more congenial with the 
feelings which actuate me, to substitute, in place of a recom- 
mendation of particular measures, the tribute that is due to the 
talents, the rectitude, and the patriotism, which adorn the cha- 
racters selected to revise and adopt them. In these honourable 
qualifications, I behold the surest pledges, that, as on one side, no 
local prejudices or attachments, no separate views, nor party 
animosities, will misdirect the comprehensive and equal eye, 
which ought to watch over this great assemblage of communi- 
ties and interests; so, on another, that the foundations of our na- 
tional policy will be laid in the pure and immutable principles 
of private morality, and the pre-eminence of free government 
be exemplified by all the attributes which can win the affections 
of its citizens, and command the respect of the world. I dwell 
on this prospect, with every satisfaction, which an ardent love for 
my country can inspire : since there is no truth more thoroughly 
established than, that there exists, in the economy and course 
of nature, an indissoluble union between virtue and happiness, 
between duty and advantage, between the genuine maxims of 
an honest and magnanimous policy, and the solid rewards of 
public prosperity and felicity ; since we ought to be no less per- 
suaded, that the propitious smiles of Heaven can never be ex- 



32 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1789L 



1st congress, pected on a nation that disregards the eternal rules of order and 

1st Session. r . ° 

right, which Heaven itself has ordained: and since the preservation 

Speech of f ^ e sacrec i fi re f liberty, and the creating of the republican mo- 
del of government, are justly considered as deeply, perhaps, as 
finally, staked, on the experiment intrusted to the hands of the 
American people. 

" Besides the ordinary objects committed to your care, it will 
remain with your judgment to decide, how far an exercise of the 
occasional power, delegated by the fifth article of the Constitu- 
tion, is rendered expedient, at the present juncture, by the nature 
of objections which have been urged against the system ; or by 
the degree of inquietude which has given birth to them. In- 
stead of undertaking particular recommendations on this subject, 
in which I could be guided by no lights derived from official op- 
portunities, I shall again give way to my entire confidence in 
your discernment and pursuit for the public good: for, I assure 
myself, that, whilst you carefully avoid every alteration which 
might endanger the benefit of a united and effective govern- 
ment, or which ought to await the future lessons of experience; 
a reverence for the characteristic rights of freemen, and a regard 
for the public harmony, will sufficiently influence your delibera- 
tions on the question, how far the former can be more impreg- 
nably fortified, or the latter be safely and advantageously pro- 
moted. 

" To the preceding observations, I have one to add, which will 
be most properly addressed to the House of Representatives. It 
concerns myself, and will, therefore, be as brief as possible. 
When I was first honoured with a call into the service of my 
country, then on the eve of an arduous struggle for its liberties, 
the light in which I contemplated my duty, required that I should 
renounce every pecuniary compensation. From this resolution, 
I have, in no instance, departed: And being still under the im- 
pressions which produced it, I must decline, as inapplicable to 
myself, any share in the personal emoluments which may be 
indispensably included in a permanent provision for the Execu- 
tive Department; and must, accordingly, pray, that the pecuni- 
ary estimates for the station in which I am placed, may, during 
my continuance in it, be limited to such actual expenditures as 
the public good may be thought to require. 

" Having thus imparted to you my sentiments, as they have 
been awakened by the occasion which brings us together, I shall 
take my present leave; but not without resorting, once more, to 
the Benign Parent of the human race, in humble supplication, 



HISTORY OF CONGRESS. 33 



Chap. I. Organization of Houses — Rules, &c. 1789. 



jst congress, that, since he has been pleased to favour the American people 

1st Session. 7 . . . 1 _ -n 

' with opportunities for deliberating in penect tranquillity, and 

Speech of dispositions for deciding, with unparalleled unanimity, on a form 
of government for the security of their union, and the advance- 
ment of their happiness; so, His Divine Blessing may be equally 
conspicuous, in the enlarged views, the temperate consultations, 
and the wise measures, on which the success of this government 
must depend. 

" George Washington. " 

President, The President, the Vice-President, the Senate, and House of s. Journal, 
&c., attend Representatives, &c, then proceeded to St. Paul's Chapel; where P- 20 * 
vice. Divine Service was performed by the Chaplain of Congress. 

After which, the President was reconducted to his house, by the 
Committee committee appointed for that purpose. The Senate afterwards ibid, 
to prepare ap p i n ted Messrs. Johnson, Paterson, and Carroll, a committee 

answer to * r 7 7 

speech. to prepare an answer to the President's speech. And, the speech 
having been laid before the House of Representatives, by the 
speaker, on the following day, the house appointed Messrs. 
Ma'dison, Clymer, Sherman, Gale, and Benson, a committee to 
prepare an address pursuant to the following resolution, adopted 
in committee of the whole on the state of the union; and, subse- 
quently, concurred in by this house. 

Resolution "Resolved — That it is the opinion of this committee, that an ad- h. Journal* 
adopted in fi ress to tne p res i^ent ought to be prepared, expressing the con- P- 26 - 

house, con- m o r r ? l & 

cerning gratulations of the House of Representatives, on the distinguished 

speech. ^ r00 f f given him, of the affection and confidence of his fellow 

Committee citizens, by the unanimous suffrage, which has appointed him to 

prepare an- * ne n *S n station which he fills: the approbation felt by the house 

swer. of the patriotic sentiments, and enlightened policy, recommended 

by his speech; and assuring him of their disposition to concur in 

giving effect to every measure, which may tend to secure the 

liberties, promote the harmony, and advance the happiness and 

prosperity of their country." 

On the 7th of May, the committee of the Senate reported the s. Journal, 
following answer to the President's speech, which was accepted ; P* 22 ' 23 ° 
and the Vice-President was directed to affix his signature to the 
address, in behalf of the Senate: — 

Answer of "Sir, — We, the Senate of the United States, return you our 

the Senate. smcere thanks for your excellent speech, delivered to both houses 

of Congress ; congratulate you on the complete organization of 

the federal government, and felicitate ourselves, and our fellow 

Vol. I.— 5 



34 HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses— Rules, &c. 1769. 



istcongresa. citizens, on your elevation to the office of President: an office 

1st Session. ■' . . 

— highly important by the powers constitutionally annexed to it, 

Answer of an( ^ ex tremely honourable, from the manner in which the ap- 
pointment is made. The unanimous suffrage of the elective body, 
in your favour, is peculiarly expressive of the gratitude, confi- 
dence, and affection, of the citizens of America ; and is the high- 
est testimonial, at once, of your merit, and their esteem. We are 
sensible, sir, that nothing but the voice of your fellow citizens 
could have called you from a retreat, chosen with the fondest pre- 
dilection, endeared by habit, and consecrated to the repose of 
declining years. We rejoice, and with us all America, that, 
in obedience to the call of our common country, you have re- 
turned, once more, to public life. In you, all parties confide : in 
you, all interests unite : and we have no doubt that your past 
services, great as they have been, will be equalled by your fu- 
ture exertions; and that your prudence and sagacity, as a states- 
man, will tend to avert the dangers to which we were exposed, 
to give stability to the present government, and dignity and 
splendour to that country, which your skill and valour, as a sol- 
dier, so eminently contributed to raise to independence and em- 
pire. 

" When we contemplate the coincidence of circumstances, and 
the wonderful combination of causes, which gradually prepared 
the people of this country for independence ; when we contem- 
plate the rise, progress, and termination of the late war, which 
gave them a name among the nations of the earth, we are, with 
you, unavoidably led to acknowledge and adore the Great Ar- 
biter of the universe, by whom empires rise and fall. A review 
of the many signal instances of Divine interposition, in favour of 
this country, claims our most pious gratitude: and permit us, sir, 
to observe, that, among the great events which have led to the 
formation and establishment of a federal government, we esteem 
your acceptance of the office of President, as one of the most pro- 
pitious and important. 

" In the execution of the trust reposed in us, we shall endea- 
vour to pursue that enlarged and liberal policy, to which your 
speech so happily directs. We are conscious that the prosperity 
of each state is inseparably connected with the welfare of all, 
and that, in promoting the latter, we shall effectually advance 
the former. In full persuasion of this truth, it shall be our in- 
variable aim, to divest ourselves of local prejudices and attach- 
ments, and to view the great assemblage of communities and in- 
terests, committed to our charge, with an equal eye. We feel, 



HISTORY OF CONGRESS. 35 



CHAP. I. Organization of Houses— Rules, &c. 1789. 



1st congress, sir, the force, and acknowledge the justness, of the observation, 
" that the foundation of our national policy should be laid in pri- 

the ITnat va * e mora u ty '• ^ individuals be not influenced by moral princi- 
ples, it is in vain to look for public virtue : it is, therefore, the 
duty of legislators to enforce, both by precept and example, the 
utility, as well as the necessity, of a strict adherence to the rules 
of distributive justice. We beg you to be assured, that the Senate 
will, at all times, cheerfully co-operate in every measure, which 
may strengthen the Union, conduce to the happiness, or secure 
and perpetuate the liberties of this great, confederated republic. 
" We commend you, sir, to the protection of Almighty God, 
earnestly beseeching him long to preserve a life, so valuable and 
dear to the people of the United States ; and that your adminis- 
tration may be prosperous to the nation, and glorious to your- 
self." 

The address of the house, in answer to the President's speech, 
as reported by Mr. Madison, on the 5th of May, and accepted by 
the house, was as follows :— 

Answer of " Sir, — The representatives of the people of the United States h. Journal 

the House p resen j; their congratulations on the event, bv which vour fellow P- 2 ^> 28, 
of Repre- . . ° - ■ -xr 

sentatives. citizens have attested the pre-eminence of your merit. You have 
long held the first place in their esteem ; you have often received 
tokens of their affection; you now possess the only proof that re- 
mained of their gratitude for your services, of their reverence 
for your wisdom, and of their confidence in your virtues ; you 
enjoy the highest, because the truest, honour, of being the first 
magistrate, by the unanimous choice of the freest people on the 
face of the earth. 

" We well knew the anxieties with which you have obeyed a 
summons, from the repose reserved for your declining years, into 
public scenes, of which you had taken your leave for ever. But 
the obedience was due to the occasion. It is already applauded 
by the universal joy which welcomes you to your station ; and 
we cannot doubt, that it will be rewarded with all the satisfac- 
tion with which an ardent love for your fellow citizens must re- 
view successful efforts to promote their happiness. 

" This anticipation is not justified merely by the past experi- 
ence of your signal services. It is particularly suggested by the 
pious impressions under which you commence your administra- 
tion, and the enlightened maxims by which you mean to conduct 
it. We feel, with you, the strongest obligations to adore the In- 
visible Hand, which has led the American people through so manf 



36 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. t 1789. 



1st congress, difficulties; to cherish a conscious responsibility for the destiny 

1st Session. i 

of republican liberty ; and to seek the only sure means ot pre- 

Answer of servm g an( j recommending the precious deposite, in a system of 
legislation, founded on the principles of an honest policy, and di- 
rected by the spirit of a diffusive patriotism. 

" The question arising out of the fifth article of the Constitution 
-will receive all the attention demanded by its importance ; and 
will, we trust, be decided under the influence of all the conside- 
rations to which you allude. 

" In forming the pecuniary provisions, for the executive de- 
partment, we shall not lose sight of a wish resulting from mo- 
tives, which give it a peculiar claim to our regard. Your reso- 
lution, in a moment critical to the liberties of your country, to 
renounce all personal emolument, was among the many presages 
of your patriotic services, which have been amply fulfilled ; and 
your scrupulous adherence, now, to the law then imposed on 
yourself, cannot fail to demonstrate the purity, whilst it increases 
the lustre, of a character, which has so many titles to admira- 
tion. 

" Such are the sentiments, which we have thought fit to ad- 
dress to you. They flow from our own hearts ; and we verily 
believe, that, among the millions we represent, there is not a vir- 
tuous citizen, whose heart will disown them. 

" All that remains, is, that we join in our fervent supplica- 
tions for the blessings of Heaven on our country, and that we 
add our own, for the choicest of these blessings, on the most be- 
loved of her citizens." 

House or- The address having passed through a committee of the whole H. Journal, 
dress to be nouse > was agreed to without amendment, as appears by the fol- p ' 28, 
presented, lowing resolution : — " Resolved, unanimously — That this house 
doth agree to the said address, and that the speaker, attended 
by the members of this house, do present the said address to the 
President." 

Appoints Messrs. Sinnickson, Coles and Smith, of South Carolina, were Ibid, 
to wait on tnen appointed a committee, to wait on the President, to know 
President. w hen it will be convenient for him to receive the same. This 
committee reported, on the 7th of May, that they had performed 
this duty, and that the President had fixed on the following day, 
at 12 o'clock, at such place as the house should appoint. It 
was then ordered, that, as the chamber designed for the Presi- 
dent to receive the respective houses, was not yet prepared, the 
house would wait on the President, to present the address in the 



HISTORY OF CONGRESS. 37 



Chap. I. Organization of Houses— Rules, &c. 1789. 



1st congress, room adjacent to the representatives' chamber. On the folio w- 

: — - ing day, the house, accordingly, presented the address at the „ T , 

presented, place appointed, when the President made the following reply : — p. 30, 31. 

president's "Gentlemen: Your very affectionate address, produces emo- Id. p. 31. 

reply. tions, which I know not how to express. I feel, that my past 
endeavours in the service of my country, are far overpaid by its 
goodness; and I fear much, that my future ones may not fulfil 
your kind anticipation. All that I can promise, is, that they 
will be invariably directed by an honest, and an ardent zeal — of 
this resource my heart assures me. For all beyond, I rely on 
the wisdom and patriotism of those with whom I am to co-ope- 
rate ; and a continuance of the blessings of Heaven, on a be- 
loved country." 

Senate a- ^ ne Senate, on the 14th of May, directed the committee by s. Journal, 
gree to whom their address had been prepared, to wait on the President, P* 26, 
President, *° ascertain when it will be agreeable to him, to receive the ad- 
to present dress of the Senate at his own house. On the following day, 
the committee reported, that the President had fixed on the fol- 
lowing Monday, when it was ordered, that the Senate should 
then wait on the President, at his own house, and that the Vice- 
President should present the address. 
Address ^ n Monday, May 18th, the Senate waited on the President, id. p. 26, 
presented, at his own house, according to order, when the Vice-President, 2 ^* 
in the name of the Senate, presented the address, to which the 
President made reply, as follows : — 
f " Gentlemen: 1 thank you for your address, in which the most i& p< 27. 
President, affectionate sentiments are expressed, in the most obliging terms. 
The coincidences of circumstances, which led to this auspicious 
crisis ; the confidence reposed in me by my fellow citizens ; and 
the assistance I may expect from councils, which will be dic- 
tated by an enlarged and liberal policy, seem to presage a more 
prosperous issue to my administration, than a diffidence of my 
abilities had taught me to anticipate. I now feel myself inex- 
pressibly happy in a belief, that Heaven, which has done so much 
for an infant nation, will not withdraw its providential influence, 
before our political felicity shall have been completed; and in a 
conviction, that the Senate will, at all times, co-operate in every 
measure, which may tend to promote the welfare of this confe- 
derated republic. Thus, supported by a firm trust in the great 
Arbiter of the universe, aided by the collective wisdom of the 
Union, and imploring the Divine benediction in our joint exer- 
tions in the service of our country, I readily engage with you in 



38 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 17S9. 



lstcongTess. the arduous, but pleasing, task, of attempting to make a nation 
" — ~ happy." 

Mode of The adjustment of the mode, in which papers, bills and mes- S. Journal, 
cation 11 ^"- ^S 6 " 5 should be communicated between the two houses, seems to p ' ' 
tween the have been a point of some difficulty. On the 10th of April, the 
ouse». g ena £ e appointed Messrs. Strong, Izard and Lee, to u be a com- 
committee, mittee, to report a mode of communication, to be observed be- 
to report tween the Senate and House of Representatives, with respect to 
papers, bills and messages, and to confer thereon with such com- 
mittee, as may be appointed by the House of Representatives, 
House for that purpose." And on the 17th of the same month, the H. Journal, 
committee. House f Representatives appointed Messrs. Lee, Burke and P* 16 ' 
Seney, to be a committee, to confer with the committee ap- 
pointed by the Senate. The first report of this joint committee, 
was made to the two houses, on the 23d of April, in the follow- 
ing; terms: — 
Report of H When a bill or other message shall be sent from the Senate s. Journal, 

joint com- to tne House of Representatives, it shall be carried bv the se- P- 15 > 16> 
mittee. J 

cretary, who shall make one obeisance to the chair, on entering 

the door of the House of Representatives, and another, on deli- 
vering it at the table, into the hands of the speaker. After he 
shall have delivered it, he shall make an obeisance to the speak- 
er, and repeat it as he retires from the house. 

•• When a bill shall be sent up by the House of Representa- 
tives to the Senate, it shall be carried by two members, who, at 
the bar of the Senate, shall make their obeisance to the presi- 
dent, and thence, advancing to the chair, make a second obei- 
sance, and deliver it into the hands of the president. After 
having delivered the bill, they shall make their obeisance to the 
president, and repeat it as they retire from the bar. The Se- 
nate shall rise on the entrance of the members within the bar, 
and continue standing until they retire. 

" All other messages from the House of Representatives, shall 
be carried by one member, who shall make his obeisance as 
above mentioned, but the President of the Senate, alone, shall 
rise." 

Senate ac- This report was read and accepted in the Senate, but, in the Id# p 16 
House lays House of Representatives, it was ordered to lie on the table. On h. Journal, 
on table.' the following day, the House ordered the report to be recommit- P- 19, 
mks eCOm " ted to the same com mittee; and, on the 25th o( April, the Se- IcL p ' 20 ' 

Senate re- nate reconsidered their acceptance of the report, and ordered s. Journal, 
commits itg rccomrn it mG nt. P- ^ 

report. 



HISTORY OF CONGRESS. 39 



CHAP. I. Organization of Houses— Rules, &c. 1789. 



ist congress. On the 28th of April, the committee made a second report, in 

1st Session. ., - « . ■ 

the following terms: — 

Second re- " When a message shall be sent from the Senate to the House s. Journal, 
P ort of Representatives, it shall be announced at the door of the p * 

house, by the door-keeper, and shall be respectfully communi- 
cated to the chair, by the person by whom it may be sent. 

" The same ceremony shall be observed, when a message shall H. Journal, 
be sent from the House of Representatives to the Senate. p ' * 

" Messages shall be sent by such persons as a sense of pro- 
priety, in each house, may determine to be proper." 

Accepted This report was agreed to by the House of Representatives; s. Journal, 

by house, but, a f ter De i n or read in the Senate, it was ordered to lie for con- P* 1 J' 
Laid on ta- m 7 % ° ' H. Journal, 

ble by Se- sideration. And, on the 1st of May, the Senate refused to ac- p. 21. 

nate-re- cept the report. S. Journal, 

jects it. iv p. 20. 

New mo- Amotion was then made, — "That when a messenger shall 

come from the House of Representatives to the Senate, and shall 
be announced by the door-keeper, the messenger shall be received 
at the bar of this house, by the secretary, and the bill, or paper, 
that he may bring, shall there be received from him by the se- 
cretary, who shall deliver it to the president of the Senate," 
New com- which was committed to Messrs. Ellsworth, Lee, and Read; and Ibid, 
this committee were instructed to report a mode of sending pa- 
pers, bills, and messages, from the Senate to the House of Re- 
presentatives. And, on the 2d of May, the Senate came to the 
following resolution: — 

Mode pro " Agreed — That, until a permanent mo^e of communication Ibid, 

oTt^tt sha11 be ado P ted between the Senate and House of Representa- 

nate. ' tives, the Senate will receive messages by the clerk of the house, 

if the house shall think proper to send him; and papers sent 

from the house, shall be delivered to the secretary, at the bar of 

the Senate, and by him be conveyed to the president." 



tion. 



Report of The committee appointed by the Senate on the 1st, made their id. p. 21* 

iew c 
mittee. 



v report on the 4th of May; and on the 7th, the first paragraph 



thereof was accepted, whereupon— - 

Accepted, " Ordered — That, when a messenger shall come from the id. p. 22. 

in part, by jjouse of Representatives to the Senate, and shall be announced 
by the door-keeper, the messenger, or messengers, being a mem- 
ber, or members, of the house, shall be received within the bar, 
the president rising, when the message is by one member, and 
the Senate also, when it is by two or more; if the messenger be 
not a member of the house, he shall be received at the bar, by 



40 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1789. 



1st congress, the secretary, and the bill, or papers, that he may bring, shall 
there be received from him by the secretary, and be by him de- 
livered to the president." 

Report This order was sent to the House of Representatives, on the 
House of 10tn °f May, where it appears to have slept during the remain- 
Represen- der of the session; and all the messages, to the end of the ses- 
sion, were carried from the Senate to the House of Representa- 
Modea- tives, by Mr. Otis, the secretary of the Senate: and, from the 
dopted. House of Representatives to the Senate, by Mr. Beckley, the 

clerk of the House of Representatives. 
Modeofre- On the 25th of May, the house appointed Messrs. Partridge, h. Journal, 
messages Floyd, and Thatcher, a committee, to confer with any commit- P* 40 * 
&c, from tee which may be appointed by the Senate, on the proper me- 
President, ^oft f receiving into either house, bills or messages from the 
committee. President of the United States." The Senate, on the following s. Journal, 
' Senate day, appointed Messrs. Lee and Izard, to be a committee on p ' 
committee, their part. 

This committee made a report on the 29th of May, which 
was amended by the House of Representatives, and agreed to, 
in the following form: — 

Report. "That, until the public offices are established, and the re- H. Journal, 
spective officers appointed, any returns of bills and resolutions, P* f* 
or other communications, from the President, may be received 
Agreed to by either house, under cover, directed to the president of the 
by house. Senate, or speaker of the House of Representatives, as the case 
may be, and transmitted by such person as the president may 
think proper." 

Senate On the same day, this report was transmitted to the Senate, s. Journal, 
concurs. anc j rece i ve( j tne concurrence of that body. p * 29 ' 

House e- On the 12th of May, the house elected Joseph Wheaton, to H. Journal, 
gellt-lt be their sergeant-at-arms. The Rev. William Linn had been p * 26j 34 * 
arms and appointed chaplain to the House of Representatives, on the 1st 

chaplain. Q f ^ay. 

Committee On the 14th of April, the Senate appointed Messrs. Read, s. Journal, 
and ^iS Ellsworth > and L ee, a committee, " to consider of the utility of p< 12> 
buting printing the Journals weekly, and furnishing the members with 
Journals. CO pi es . an( ] to determine the mode of keeping the Journals." 

On the 25th, the committee received a farther instruction, " to Id. p. 16. 
consider whether the minutes be amended, so as to record only 
the act, as it may be agreed on, after the Journal shall be read, 
on the day following." On the 19th, this committee reported 
in the following terms: — 



HISTORY OF CONGRESS. 41 



Chap. L Organization of Houses— Rules, &c. 1789. 



12 Son 59 ' " That one hundred and twenty copies of the Journals of the s. Journal, 
Reports. le S islative proceedings only be printed once a month, com- P' 27 ' 
mencing the first publication from the 1st day of June next: and 
that each member be furnished with a copy; that the proceed- 
ings of the Senate, when they shall act in their executive capa- 
city, shall be entered and kept in separate and distinct books. 

" That every vote of the Senate shall be entered on the Jour- 
nals; and that a brief statement of the contents of each petition, 
memorial, or paper, presented to the Senate, be also inserted on 
the Journals. 

(i That the Journals, previously to each publication, be revised 
by a committee, to be appointed, from time to time, for that 
purpose." 

This report was accepted. 

Journals of On the 28th of May, the House of Representatives adopted H. Journal, 
ffress C tobe ^ e ^°^ 0Wm S resolution: — "That every such member of the p * 42, 
furnished present Congress, as is not yet furnished with a set of the Jour- 
bers em " na ^ s °^ ^ e ^ a * e Congress, shall, on application to the keeper of 
the records and papers, of the said late Congress, be entitled to 
receive a complete set of such Journals." And this resolution 
received the concurrence of the Senate, on the 8th of June. p ] 32. 

A motion was made in the Senate, on the 17th of July — 

Motion to " That, on the final question upon a bill or resolve, any mem- id. p. 42. 

enter pro- her gj^jj have a right to enter his protest, or dissent, on the 
test, neg-a- ° • r . - ' 

tived. ' Journal, with reasons in support of such dissent: provided the 

same be offered within two days after the determination on such 

final question." 

This motion was negatived. 

On the 29th of September, the house adopted the following 
order: — 

Order to " Ordered — That it shall be the duty of the secretary of the h. Journal, 

send Jour- g ena t e an d clerk of the house, at the end of each session, to P* 129, 
nals to exe- 
cutives send a printed copy of the Journals thereof, respectively, to 

andlegisla- ^ Q SU p reme executives, and to each branch of the legislature of 

states. every state." 

And this order was, on the same day, concurred in by the Se- S. Journal, 

p. 94. 
nate. l 

The Senate, on the 13th of May, came to the following or- 
der: — 

Vol. I.— 6 



42 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1789. 



ist congress. « Ordered — That Mr. Langdon, Mr. Strong, and Mr. Carroll, s. Journal, 

ess i— be a committee, to confer with any committee that may be ap- ?* 25 ' 
Committee p * in ted on the part of the House of Representatives, and report 
concerning- what newspapers the members of the Senate and House of Re- 
supply of p resen tatives shall be furnished with at the public expense." 

per On the 15th, the House of Representatives passed the follow- 

ing order: — 
House " Ordered— -That Mr. Silvester, Mr. Winkoop, and Mr. Smith, H. Journal, 

appoints f § outrl Carolina, be a committee, to confer with the committee p ' 
committee, . 

appointed by the Senate, to report what newspapers the mem- 
bers of Congress shall be furnished with at the public expense: 
Additional and that it be our instruction to the said committee, on the part 
instruction. of ^ i louse> to receive proposals for printing the Acts, and 
other proceedings of Congress; and to report thereupon." 

Senate On the 16th, the Senate agreed to give a similar instruction S. Journal, 

gives simi- tQ fo Q committee, on their part, and various petitions from print- p * " 
lar mstruc- n r i • j> 

tion. ers, presented to the Senate, were referred to the committee of 

the Senate. 

This joint committee having made two reports, in the follow- 
ing terms: — 
Report I. " That, in their opinion, public economy requires that the H. Journal, 
concerning- expense heretofore incurred by the public, of supplying every p ' 
pers. member of Congress with all the newspapers, printed at the seat 

of Congress, should be retrenched in future. But, as your com- 
mittee consider the publication of newspapers to be highly be- 
neficial in disseminating useful knowledge throughout the United 
States, and deserving of public encouragement, they recom- 
mend that each member of Congress be supplied, at the public 
expense, with one paper, leaving the choice of the same to each 
member; and that it be the duty of the secretary of the Senate, 
and clerk of the House of Representatives, to give the neces- 
sary directions to the different printers, to furnish each member 
with such paper as he shall choose. 
Report II. " That it would be proper that it should be left to the sc- Ibid, 
TiSinT* cretar y of the Senate, and clerk of the House of Representa- 
tives, to contract with such person as shall engage to execute the 
printing and bindiug business, on the most reasonable terms; 
the paper being furnished by the said secretary and clerk, to 
such person, at the public expense. That such person as they 
shall contract with, shall be obliged to render a state of his ac- 
counts, quarterly, and that six hundred copies of the Acts of 



HISTORY OF CONGRESS. 43 



CHAP. L Organization of Houses— Roles, &c. 1789. 



1st congress. Congress, and seven hundred copies of the Journals, be printed 
and distributed to the executive and judicial, and heads of de- 
partments, of the government of the United States, and the exe- 
cutive, legislative, and judicial of the several states." 

House re- The House of Representatives took up these reports for con- H. Journal, 
report. ° nC siderati( >n, on the 28th of May, and the first report was disa- P * 42 ' 

Adopts greed to, and the second was agreed to, in the amended form in 
the other. w hi cn it appears. On the 2d of June, the Senate concurred 
with the House in their decision, as to these two reports, after 
amending the second report, by inserting, after the words "dis- S. Journal, 
Senate a- tributed to the," the words " members of the legislature, to p * 
mends, and the." This amendment received the concurrence of the House H. Journal, 

House a- n 44 

grees. of Representatives, on the 3d of June. * ' ' 

On the 6th of July, the House of Representatives adopted the 
following resolution: — 
Resolution " Resolved — That there be prefixed to the publication of the Id. p. 58. 
of house to acts of the present session of Congress, a correct copy of the 
stitution to Constitution of government for the United States. 



Senate ^ n ^ *^ e Senate, on the same day, concurred in the resolu- s. Journal, 
concurs. 



tion. P' 39 - 



House The House of Representatives, on the 7th of May, appointed H. Journal, 
committee. Messrs. Bland, Trumbull and Vining, a committee to confer with p " * 
any committee to be appointed on the part of the Senate, in pre- 
paring and reporting joint rules to be established between the 
Enrolment two houses, for the enrolment, attestation, publication, and pre- 
of bills, &c. s er vation of the acts of Congress, as also on the mode of present- 
ing addresses, bills, votes, or resolutions, to the President of the 
Senate United States." On the same day, the Senate appointed Messrs. s. Journal, 
committee. Langdon, Read, and Henry, to be a committee on their part for P* 23 * 
Committee the same purpose. This committee reported to the Senate on id. p. 26. 
reports. t he j^ f ]y[ aVj an( j to the House of Representatives on the H. Journal, 
15th, and the report was considered by the house in committee * > '" 
of the whole, and, on the 27th of July, the following resolutions 
were reported and agreed to : — 

House a- "Resolved — That it is the opinion of this committee, that the H. Journal, 

dopts reso- following ought to be established joint rules between the two p " ' 
lutions, housegj tQ wit ._ 

11 That, while bills are on their passage between the two 
houses, they shall be on paper, and under the signature of the 
secretary, or clerk of each house, respectively. 



44 



HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses— Rules, &c. Chap. I. 



ist congress. « After a bill shall have passed both houses, it shall be duly 
s enrolled on parchment, by the clerk of the House of Represen- 

tatives, or the secretary of the Senate, as the bill may have ori- 
ginated in the one or the other house, before it shall be present- 
ed to the President of the United States. 

" When bills are enrolled, they shall be examined by a joint 
committee, of one from the Senate, and two from the House of 
Representatives, appointed as a standing committee for that pur- 
pose, who shall carefully compare the enrolment with the en- 
grossed bills, as passed in the two houses, and, correcting any er- 
rors that may be discovered in the enrolled bills, make their re- 
port forthwith to the respective houses. 

" After examination, and report, each bill shall be signed, in 
the respective houses, first, by the speaker of the House of Re- 
presentatives, and then by the president of the Senate. 

" After a bill shall have thus been signed in each house, it 
shall be presented, by the said committee, to the President of the 
United States, for his approbation, it being first endorsed, on the 
back of the roll, certifying in which house the same originated; 
which endorsement shall be signed by the secretary, or clerk, as 
the case may be, of the house in which the same did originate ; 
and shall be entered on the journals of each house. The said com- 
mittee shall report the day of presentation to the President, which 
time shall also be carefully entered on the Journal of each house. 

" All orders, resolutions, and votes, which are to be presented 
to the President of the United States, for his approbation, shall, 
also, in the same manner, be previously enrolled, examined, and 
signed; and shall be presented in the same manner, and by the 
same committee, as provided in case of bills. 

" That when the Senate and House of Representatives shall 
judge it proper to make a joint address to the President, it shall 
be presented to him in his audience chamber, by the president 
of the Senate, in the presence of the speaker, and both houses. 

Resolu- " Resolved — That it is the opinion of this committee, that a com- 
IketoDre- m ^ tee ou g nt to be appointed to prepare, and bring in, a bill, or 
serration bills, to provide, without the establishment of a new department, 
otacts, c. ^ or fa e sa f e keeping of the acts, records, and seal, of the United 
States; for the authentication of records, and papers, for esta- 
blishing the fees of office to be taken, for commissions, and for 
copies of records and papers; for making out and recording 
commissions, and prescribing their form; and to provide for the 
due publication of the acts of Congress." 



HISTORY OF CONGRESS. 45 



CHAF. I. Organization of Houses— Rules, &c. 1789. 



1st congress. On the 6th of August, the Senate concurred in all the resolu- s. Journal, 

1st Session. # 7 . Kd, 

~~ " ~~~ tions relating to the joint rules; and the house appointed Messrs. p * 
concurs. Sedgwick, Mathews, and Wynkoop, a committee, pursuant to 

House the second resolution, to prepare and bring in a bill or bills. H. Journal, 
to prepare And, on the 31st of July, the committee reported a bill, which p * 67 ' 
bills. was rea( | a g rs t time, and, after passing through the intermedi- 

ported. re " ate stages, was passed on the 27th of August. On the 31st of id. p. 69, 

Passed. August, this bill received its first reading in the Senate, and, af- 90 > 91 - 

Senate a- ter being considered and amended, passed that body on the 7th S. Journal, 
passes bill. °f September. And on the 8th of September, the house having ^ ^ * 

House concurred in the amendments of the Senate, the bill finally id. p. 104. 

concurs. passe d. 

Joint com- On the 31st of July, the House of Representatives appointed id. p. 50. 
SroUed 0n Messrs - White and Partridge on their part, and the Senate ap- 
bills ap- pointed, on their part, Mr. Wingate, to be a joint committee, to 
pom e " examine and present to the President of the United States, the 

enrolled bills that may pass the Senate and House of Represen- H. Journal, 
tatives frorn time to time. P * 

Senate A committee, consisting of Messrs. Morris, Carroll, Langdon, S. Journal, 
on^de^f Read ' and Lee ' havin g been appointed by the Senate, on the p ' 31 * 
communi- 3d of June, to consider, and report the mode of communicating 

eating acts ^ ^ f c on cr ress t the several states in the Union, and the 
to states. to 

number necessary for that purpose," that committee reported on 

Commit- the following day, and the Senate adopted the following reso- 
tee report. lution .__ 

Resolution " Resolved-— That, in ten days after the passing of every act of 
of Senate c or) g resS) during the present session, or, until some other regula- 
tion shall be adopted, twenty-two printed copies thereof, signed 
by the secretary of the Senate, and clerk of the House of Re- 
presentatives, and certified by them to be true copies of the ori- 
ginal act, be lodged with the President of the United States, and 
that he be requested to cause to be transmitted, two of the said 
copies, so attested as aforesaid, to each of the supreme execu- 
tives in the several states." 

House And, on the 5th of June, the House of Representatives con- h. Journal, 
concurs. curr ed with the Senate in this resolution. P- 46 - 

House On the 13th of April, the House of Representatives elected, by id. p. 13. 
committee ballot, Messrs. Clymer, Ames, Benson, Carroll, White, Hunting- 

of elec- 

tions. ton, and Gilman, a standing committee of elections. 

Petition of On the 15th of April, a petition of David Ramsay, of the state id. p. 14, 

D. Ramsay f g ou th Carolina, was presented to the house, setting forth that 5 ' 

against the . ■ ° 

return of Mr. William Smith, a member returned to serve in this house, as 
W. Smith. 



46 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1789. 



ist congress, one of the representatives for the state of South Carolina, was, at 

1st Session . x , 

the time of his election, ineligible thereto, and came within the 

disqualification of the third paragraph of the new Constitution, 
which declares, " that no person shall be a representative, who 
shall not have been seven years a citizen of the United States ;" 
and praying that these allegations may be inquired into by the 
house. 

" Ordered — That the said petition be referred to the committee 
of elections, and that the said committee do report a proper mode 
of investigation, and deciding thereupon." 

The committee reported on the 18th of April, and, on the 29th, 
the report was amended, to read as follows: — 
Report " That, in this case, it will be sufficient, in the first instance, h. Journal, 
amended, ft,^ a committee take such proofs as can be obtained in this city, P* 23 * 
respecting the facts stated in the petition, and report the same to 
the house: — That Mr. Smith be permitted to be present, from 
time to time, when such proofs are taken, to examine the wit- 
nesses, and to offer counter proofs, which shall, also, be received 
by the committee, and reported to the house: — That, if the 
proofs, so to be reported, shall be declared, by the house, insuffi- 
cient to verify the material facts stated in the petition, or such 
other facts as the house shall deem proper to be inquired into, it 
will then be necessary for the house to direct a farther inquiry, 
especially the procuring whatever additional testimony may be 
supposed to be in South Carolina, as the case may require :-— 
That all questions, arising on the proofs, be decided by this house, 
without any previous opinion thereon, reported by a committee." 

The house then adopted the following resolution : — 

Resolution. " Resolved — That this house doth agree to the said report, and 
that it be an instruction to the committee of elections, to proceed 
accordingly." 

On the 12th of May, the committee of elections made the fol- 
lowing report : — 

Committee " That Mr. Smith appeared before them, and admitted that he h. Journal, 
farther re- j iac j subscribed, and had caused to be printed, in the State Ga- P* 33, 
zette, of South Carolina, of the 24th of November last, the publi- 
cation which accompanies this report, and to which the petitioner 
doth refer, as proof of the facts stated in his petition : — That Mr. 
Smith also admitted that his father departed this life in the year 
1770, about five months after he sent him to Great Britain: 



HISTORY OF CONGRESS. 47 



CHAP. I. Organization of Houses— Rules, &c. 1789. 



1st congress, that his mother departed this life about the year 1760, and that 
^ — - he was admitted to the bar of the Supreme Court, in South Ca- 
rolina, in the month of January, 1784. 

" The committee also report the following counter proofs, pro- 
duced by Mr. Smith, namely, printed copies of the following acts 
of the legislature of the state of South Carolina : — An act, enti- 
tled * An act to oblige every free male inhabitant of this state, 
above a certain age, to give assurance of fidelity and allegiance 
- to the same, and for other purposes, therein mentioned ;' passed 
the 28th of March, 1778. — An act, entitled * An act disposing of 
certain estates, and banishing certain persons, therein mentioned;' 
passed the 26th day of February, 1782. — An act, entitled ' An 
act to alter and amend an act, entitled ' An act for disposing of 
certain estates, and banishing certain persons ; passed at Jack- 
sonburgh, in the state of South Carolina, on the 26th day of Fe- 
bruary, in the year 1782 ;' passed in March, 1783.' — An act, en- 
titled * An act to confer the right of citizenship on aliens;' passed 
the 26th of March, 1784. — Also, an ordinance of the legislature 
of the said state, entitled ' An ordinance to encourage subjects of 
foreign states to lend money, at interest, on real estate, within 
this state;' passed the 26th of March, 1784. — A certified copy of 
an extract from an act of the legislature of that state, entitled 
'An act for raising, and paying into the public treasury of this 
state, a tax, for the uses therein mentioned;' passed the 9th of 
September, 1779, — and a printed copy of the constitution of 
South Carolina. — Also, a certificate from John Edwards and Wil- 
liam Hoit, commissioners of the treasury of that state, under the 
seal of office." 

Laid on ta- The house then ordered the report to lie on the table. On the H. Journal* 
We - 21st and 22d, it was farther considered; and, on the last named p " 34, 

day, the following resolution was agreed to : — 

Resolution " Resolved — That it appears to this house, upon full and mature 
of house, consideration, that the said William Smith had been seven years 
a citizen of the United States, at the time of his election." 

While this resolution was pending, Mr. Smith gave a full and Lloyd's 
succinct history of the causes which had led to his detention in s i°nal 6 Re- 
Europe, for so long a period, as to give a pretext for the denial of gister, vol. 
his eligibility, as a representative in Congress. He also stated, 395] 
that he had been elected a member of the South Carolina legis- 
lature, in twelve months after his return from Europe; and, in 
the next year, to other offices, to which none, whose right of ci- 
tizenship was contestible, could have been elected. After Mr. 



48 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, <fcc. 1789. 



1st congress. Smith had closed his statement and reasoning, the house was ad- 

" — — dressed, in succession, by Mr. Lee, Mr. Thatcher, Mr. Madison, 

Mr. Boudinot, and Mr. Tucker, who unanimously approved of the 

satisfactory manner in which the allegations of the petitioner bad 

been answered. 

The ayes and noes being required, the decision was recorded, 
as follows : — 

Ayes and Ayes — Messrs. Abraham Baldwin, Egbert Benson, Elias Boudi- H. Journal, 
noes. no j. j L amD ert Cadwalader, Daniel Carroll, George Clymer, Isaac p * ° ' ' 

Coles, Benjamin Coutee, Thomas Fitzsimons, William Floyd, Ni- 
cholas Gilman, Benjamin Goodhue, Daniel Heister, Benjamin 
Huntington, John Lawrance, Richard Bland Lee, George Leo- 
nard, Samuel Livermore, James Madison, jr., Andrew Moore, 
Peter Muhlenberg, John Page, Jeremiah Van Rensselaer, Joshua 
Seney, James Schureman, Thomas Scott, Thomas Sinnickson, 
William Smith, of Maryland, Jonathan Sturges, Peter Silvester, 
George Thatcher, Jonathan Trumbull, Thomas Tudor Tucker, 
John Vining, Alexander White, and Henry Wynkoop. — 36. 
No — Jonathan Grout. — 1. 

Petitions On the 28th of April, the speaker laid before the house a let- id. p. 23. 
from New t er f rom Matthias Ogden, referring to sundry petitions, annexed 
gainst dec- thereto, from a number of citizens of New Jersey, complaining 
tions. f iu e g a ]ity in the late election of representatives for that state, 

Referred, to this House. This letter and petitions were referred, on the ibid. 

following day, to the committee of elections, with an instruction 

to report a proper mode of investigation and decision thereupon. 
Counter Counter petitions were presented, on the 12th of May, from other id. p. 33. 
petitions, citizens of New Jersey, and referred to the same committee ; and, 

on the loth of May, other petitions, of the same tenor, were pre- id. p. 35. 

sented and referred. 

The committee reported, on the 21st of May ; and, on the 25th, id. p. 39. 
the house amended the report, to read as follows : — 

Report " That it will be proper to appoint a committee, before whom id. p. 40. 
the petitioners are to appear, and who shall receive such proofs 
and allegations as the petitioners shall judge proper to offer, in 
support of their said petitions ; and who shall, in like manner, re- 
ceive all proofs and allegations, from persons who may be de- 
sirous to appear and be heard, in opposition to the said petition, 
and to report to the house all such facts as shall arise from the 
proofs and allegations of the respective parties." 

The house then adopted the following resolution: — 



HISTORY OF CONGRESS. 49 



Chap. I. Organization of Houses— Rules, &c. 1789. 



ist congress. " Resolved — That this house doth agree with the committee H. Journal, 



1st Session 



in the said report, and that it be an instruction to the said com- P* 40 * 



of house, mittee of elections to proceed accordingly." 

Committee On the 14th of July, the committee made a report, which was Id. p. 60, 

report. considered on the following day, and ordered to lie on the table. 

Laid on ta- ° J 

ble. On the 18th of August, the committee made a farther report, as Id. p. 83. 

Farther re- fo]lows .__ 

port. 

" That the committee, pursuant to the instruction to them, 
contained in the resolution of the 25th of May, relative to the 
petitions of a number of citizens of the State of New Jersey, 
complaining of the illegality of the election of the members of 
this house, as elected within that state, do ascertain the following 
facts, as arising from the proofs, to wit: — 

" 1st. That the elections for members of this house, held with- 
in that state, in consequence of an act of the Legislature thereof, 
entitled < An act for carrying into effect, on the part of the state 
of New Jersey, the Constitution of the United States, assented 
to, ratified, and confirmed, by this state, on the 18th day of De- 
cember, 1787;' passed the 21st day of November, 1788, were 
closed in the several counties of Bergen, Morris, Monmouth, 
Hamilton, Somerset, Middlesex, Sussex, Salem, Cape May, 
Cumberland, Burlington, and Gloucester; and the lists of the se- 
veral persons voted for, and the number of votes taken for each, 
were received by the governor, at the respective times, appear- 
ing from the said lists, and the endorsements thereon; which lists 
accompany this report. 

2d. That the election in the county of Essex, the remaining 
county in the state, closed on the 27th of April, and the list 
was received by the governor on the 3d of May. 

" 3d. That in consequence of a summons from the governor, 
(a copy whereof accompanies this report,) dated the 27th of Feb- 
ruary, to four members of the council, a privy council, consisting 
of the governor, and the four members so summoned, did assem- 
ble at Elizabethtown, on the 3d of March; and, being so assem- 
bled, Mr. Haring, another member of the council, received a 
I note from the governor, (a copy whereof accompanies this re- 

port) in consequence whereof, Mr. Haring did then, also, attend 
the privy council, as a member thereof. 
" 4th. That the governor then appointed another meeting of 
the privy council, to be held on the 18th of March, at which 
day, the governor, and eleven members of the council, did as- 
semble, and did then determine, from the lists of the twelve 
Vol. I.— 7 



50 HISTORY OF CONGRESS. 



CHAP. I. Orsanization of Houses— Rules, &c. 1789. 



1st confess, counties specified in the first fact above stated, the four mem- 

1st Session. 

bers now holding seats in this house, the four persons elected 
members of this house within that state; against which determi- 
nation of the council, three of the members, then present, did pro- 
test; and a protest (a copy whereof accompanies this report) was, 
with the consent of the council, delivered in to the council, in 
form, on the subsequent day. 

" 5th. That there was no determination of the governor and 
privy council, in the premises, until the 18th of March. 

6( 6th. That the governor did, on the 19th of March, issue a 
proclamation, (a copy whereof accompanies this report.)" 

This report was then laid on the table; and, on the 2d of Sep- 
tember, the house, having resumed the consideration of this sub- 
ject, adopted the following resolution: — 
Resolution "Resolved — That it appears to this house, upon full and ma- H. Journal, 
of house. £ ure consideration, that James Schureman, Lambert Cadwalader, p " 
Elias Boudinot, and Thomas Sinnickson, were duly elected, and 
returned to serve in this house, as representatives for the state 
of New Jersey, in the present Congress of the United States." 

On the 4th of August, the following resolution was adopted 
in the House of Representatives: — 
Resolution " Resolved — That a committee be appointed to join with a id. p. 71. 
as to bust- committee of the Senate, to be appointed for that purpose, to con- 
ness to be sider of, and report when it will be convenient and proper that an 
adjournment of the present session of Congress should take place; 
and to consider and report such business now before Congress, 
necessary to be finished before the adjournment, and such as may 
be conveniently postponed to the next sessions: and, also, to con- 
sider and report such matters not now before Congress, but which 
it will be necessary should be considered and determined by 
Congress before an adjournment. " 
Commit- And Messrs. Wadsworth, Carroll, and Hartley, were appoint- 
tee ' ed to compose said committee on the part of the house. 

On the following day, this resolution received the concurrence s. Journal, 
Senate of the Senate, who, on their part, appointed Messrs. Strong, P* 52, 
committee. Ei] swort h j am j Carroll, to be a committee on their part, for the 
Report, purposes therein stated. This joint committee reported to the Id. p. 56. 
Senate on the 10th of August, and to the house on the 11th, H. Journal, 
and the report was, in both houses, ordered to lie on the table. p ' ' 
The House of Representatives, on the 24th of August, came to 
the following resolution: — 

sdSto" " Resolved— That the president of the Senate, and speaker of id. p. 89. 



HISTORY OF CONGRESS. 51 

Chjlp. I. Organization of Houses— Rules, &c. 1789. 



session. 



ist congress, the House of Representatives, do adjourn their respective houses 

s ^ ' on the twenty-second day of September next, to meet again on 

Sept 22<L the first Monday of December next." 
Senate The Senate concurred in this resolution, on the following day. s. Journal, 

concurs. j n t h e mean time, however, two bills, which were deemed of p * 
importance, were brought into the House of Representatives, the 
final action on which could not be had by the 22d of September. 
Accordingly, on that day, the House of Representatives agreed 
to the following order: — 

House ex- " Ordered — That the order of the twenty -fifth of August, di- H. Journal, 
Le recting the president of the Senate, and speaker of the House, to p " 
adjourn their respective houses on this day, be rescinded; and in- 
stead thereof, that they be directed to close the present session, by 
adjourning their respective houses on the twenty-sixth instant." 
Senate And this order was concurred in by the Senate, on the same S. Journal, 
day. But on the 26th, the business before the Senate being in p * 
such a condition as to render adjournment, at that time, inexpe- 
dient, the Senate adopted the following resolution: — 

Senate ex- " Resolved — That the order of the 22d instant, directing the Id. p. 89. 

session president of the Senate, and speaker of the House of Represent- 
atives, to adjourn their respective houses on this day, be re- 
scinded; and instead thereof, that they be directed to close the 
present session, by adjourning their respective houses on the 29th 
instant" 

House con- The house concurred in this resolution. The Senate, on the H. Journal, 

curs " same day, agreed to the following resolution: — p * 

Senate re- " Resolved — That Messrs. Johnson and Izard be a commit- S. Journal, 
solution to tee on jjj e p art f t k e g ena t e? together with such committee as p ' 
sident may be appointed on the part of the House of Representatives, 
to wait on the President of the United States, and acquaint him 
that Congress have agreed upon a recess on the 29th instant." 

House con- On the 28th, this resolution was acquiesced in by the House H. Journal, 
curs * of Representatives, who appointed Messrs. Vining, Lee, and p * 

Gilman, to be a committee, on their part, for the purpose therein 
mentioned. This committee having performed the duty assigned 
to them, the President, on the 29th of September, communicated 
to the Senate a message, of which the following is a copy: — < 

" Gentlemen of the. Senate: 
Message " Having been yesterday informed, by a joint committee of S. Journal, 

*™ m Pre " both houses of Congress, that they had agreed to a recess, to com- p ' 
Senate. mence this day, and to continue until the first Monday of Janu- 
ary next, I take the earliest opportunity of acquainting you, 



52 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. ' 1789. 



istcongress. that, considering how long and laborious this session has been, 

1st Session. • i_ t 

and the reasons which, I presume, have produced this resolution, 
it does not appear to me expedient to recommend any measures 
to their consideration, at present, or now to call your attention, 
gentlemen, to any of those matters in my department, which re- 
quire your advice and consent, and yet remain to be despatched. 

" George Washington. 
" United States, September 29, 1789." 

Message to A message, similar in its import, was transmitted, on the same H. Journal, 
house. d aVj to the House of Representatives. And after the disposal p * 
of sundry business, the House agreed to the following order : — 
Message " Ordered — That a message be sent to the Senate, to inform Id. p. 130.. 

from them that this House, having completed the business before 

House to ° r 

Senate. them, are now about to proceed to close the present session, by 

an adjournment on their part; agreeably to the order of the 26th 

instant ; and that the clerk of this House do go with the said 

message." 

Adjourn- The two houses then adjourned to the first Monday in January 
ment - next. 

Bill to alter On the 21st of September, the House of Representatives had, id. p. 116. 
next meet- on mot i on > granted leave to bring in a bill to alter the time of 
ingof Con- the annual meeting of Congress, and Mr. Jackson was instructed 
|^ es m pass " to prepare the same. The bill was reported, and received its 
House. first reading on that day. On the 22d, the bill was read a se- Id. p. 118. 
cond time, and committed. The bill passed through committee id. p. 119. 
of the whole, where it was amended. It was then ordered to id. p. 120. 
be engrossed, and on the 24th, the bill passed the house, with 
the title so amended, as to read " An act to alter the time for 
Senatepass the next meeting of Congress." On the 24th, the bill received s. Journal, 
the bill. itg first rea di n g i n the Senate, and passed through all the other P* 88 > 89 ' 
stages on the following clay. 

During the whole of this session, the two houses occupied h. Journal, 
apartments in the City Hall of New York. On the 7th' of P* 8, 
April, the speaker laid before the House of Representatives a 
city Hall letter from the mayor of the city of New York, covering cer- 
Comrress.° tam resolutions of the mayor, aldermen, and commonalty of the 
said city, appropriating the City Hall for the accommodation of 
the general government of the United States. A letter was also 
communicated to the Senate, on the 6th of April, from James 
Order of Duane, esq., enclosing similar resolutions. On the 13th, this let- s. Journal, 
Senate ^ er wag re f erre( ] to a committee of the Senate, consisting of ?' 10, 1L 
Messrs. Lee, Ellsworth and Few, which committee reported on 



HISTORY OF CONGRESS. 53 



Chap. I. Organization of Houses — Rules, &c. 1789. 



ist congress, the 14th of April, when the Senate adopted the following or- 

1st Session. .. 

der: — 

" Ordered — That the following letter be written to the mayor 
of the city of New York, by the president, and that nothing 
farther, for the present, be done in the business. 

' " New York, April 14//*, 1789. 
Sir, 

Letter in "The Senate have considered the letter that you were S. Journal, 

fer P iiom° f " P leased to address to their house, on the 6th instant; and they p * n ' 
Senate. entertain a proper sense of the respect shown to the general go- 
vernment of the United States, by providing so commodious a 
building for the accommodation of Congress, as the mayor, al- 
dermen, and commonalty of the city have appropriated for that 
use. The appointment of Mr. Skaats to the care of the public 
hall, would be very agreeable to the Senate; but, in their idea, 
such appointment must depend upon a legislative act for cre- 
ating the office, and then the officer to fill it will come constitu- 
tionally from the nomination of the President of the United 
States, with the approbation of Senate. In the mean time, the 
Senate have no objection to the mayor and aldermen appointing 
such person to the care of the hall, as they deem worthy of 
such trust. 

" I have the honour to be, &c. 

" Signed by the President of the Senate. 
" The Hon. James Duane." 

Senate On the 9th of May, the Senate appointed Messrs. Few, Ma- id. p. 24. 

committee c ] aY an( j Strong, a committee to view the apartments in the City 
to view J ° . i.i! • . j 

rooms. Hall, and to confer with any committee, that might be appointed 

by the House of Representatives for that purpose, and to report 

House how the same should be appropriated. And, on the 1 1th of May, h. Journal, 

committee. Messrs# White, Scott, and Sturges, were appointed by the House P- 33> 

of Representatives a committee for the same purpose. A report 

was made to the Senate, by this committee, on the 17th and 

19th of June, in part, as follows : — 

Committee " That the two rooms on the first floor, in the south-west an- s. Journal, 
report. g| e f the said Hall, are not necessary for the accommodation of P* 35, 
Congress, and that the mayor of the city be notified thereof, that 
the said rooms may be occupied by such persons as the corpora- 
tion may employ to take charge of the building." 

Agreed to. The report was agreed to by the Senate, and concurred in by h. Journal, 
the House, on the 22d of June. P* 50, 



54 HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses— Rules, &c. 1789. 



1st congress. An attempt was made, however, at this session of Congress, to H. Journal, 



1st Session 



establish a permanent seat of government. The advantages, p ' 



36. 



seat of go- which would necessarily result to the district of country in 
vernment. wn ich the seat of the general government should be established, 
were too obvious to permit this point to be settled, without com- 
petition and controversy. Accordingly, it appears from the Jour- 
nals, that, so early as the 15th of May, Mr. White, a represen- 
Offer of tative from Virginia, " presented to the house, a resolve of the 
Virginia. ] eg j 8 i ature f that state, of the 27th of December, 1788, offer- 
ing to the acceptance of the federal government, ten miles square 
of territory, or any lesser quantity, in any part of that state 
which Congress may choose, to be occupied and possessed by the 
United States, as the seat of the federal government." 
offer of And, on the 16th of the same month, " Mr. Seney, one of the ibid. 
Maryland. re p resen tatives from Maryland, presented to the house, an act 
of the legislature of that state, offering to the acceptance of 
Congress, ten miles square of territory, in any part of the said 
state, for the seat of the federal government." 
Proposi- On the 22d of August, several memorials of the inhabitants Id. p. 87. 
tion from Q £ T^^ton, m * ne state of New Jersey; and of the boroughs of 
sey and Lancaster and Yorktown, in the state of Pennsylvania, were 
Pennsy presented to the' house, and read, respectively praying that the 
permanent seat of Congress may be established at the same." 

And, in the Senate, on the same day, the memorial of John s. Journal, 
Cox and others, citizens of the state of New Jersey, and of the p * 62, 
state of Pennsylvania, praying that the future seat of govern- 
ment might be established on the banks of the Delaware, and 
proposing a cession of a tract of land of ten miles square, w 7 as pre- 
sented, with a draft of the said tract of land. 

On the 27th of August, the following resolution was submit- h. Journal, 
ted to the consideration of the House of Representatives: — P* 92 - 

House " Resolved — That a permanent residence ought to be fixed for 

resolution the general government of the United States, at some conveni- 

on the sub- ° ° 

ject. ent place, as near the centre of wealth, population, and extent 

of territory, as may be consistent with convenience to the navi- 
gation of the Atlantic Ocean, and having due regard to the par- 
ticular situation of the western country." 

This resolution was taken up for consideration on the 3d of id. p. 96. 
September, the house having, on motion, — 

Consider- " Resolved — That this house will immediately resolve itself 
ed - into a committee of the whole house, to take into consideration 



HISTORY OF CONGRESS. 55 



CflAP. I. _ Organization of Houses— Rules, &c. 1789. 



1st congress, the motion, presented on Thursday last, for establishing the per- 
; manent residence of Congress." 

Resolu- Mr. Boudinot then took the chair of the committee, and the H. Journal, 
ported. 6 " subject was considered and discussed daily, in committee, until p * 97 ' 
the 5th, on which day the committee reported sundry resolutions. 
The house, on the 7th, took up these resolutions for considera- 
tion, when the first resolution was agreed to, in the words fol- 
lowing : — 

First reso- "Resolved — That the permanent seat of the government of Ibid, 
greed to". ^ e United States, ought to be fixed at some convenient place, 
as near the centre of wealth, population and extent of territory, 
as may be consistent with convenience, to the navigation of the 
Atlantic Ocean, and having due regard to the particular situa- 
tion of the western country." 

The second resolution, as reported by the committee of the 
whole, was in the words following: 

Second re- " Resolved — That the permanent seat of the government of the Id. p. 98. 

solution. United States, ought to be at some convenient place, on the east 
bank of the river Susquehannah, in the state of Pennsylvania, 
and that, until the necessary buildings be erected for the purpose, 
the seat of government ought to continue at the city of New 
York." 

Motion to A motion was made to amend this resolution, by striking out ibid, 
.amend. ^he words, " East bank of the riyer Susquehannah, in the state 
of Pennsylvania," and inserting, in lieu thereof, the words, "North 
bank of the river Potomac, in the state of Maryland." 

The ayes and noes being taken on this motion to amend, it 
was decided as follows : — 

Ayes and Ayes — Messrs. A. Baldwin, T. Bland, J. Brown, E. Burke, D. 

noes - Carroll, J. Coles, B. Coutee, G. Gale, S. Griffin, J. Jackson, R. B. 

Lee, J. Madison, jr., G. Mathews, A. Moore, J. Page, J. Parker, 

W. Smith, of South Carolina, M. J. Stone, T. Sumpter, T. T. 

Tucker, and J. Vining. — 21. 

Noes — Messrs. F. Ames, E. Benson, E. Boudinot, L, Cadwalader, 
G. Clymer, T. Fitzsimons, W. Floyd, A. Foster, E. Gerry, N. Gil- 
man, B. Goodhue, J. Grout, T. Hartley, J. Hathorn, J. Lawrance, 
S. Livermore, P. Muhlenberg, G. Partridge, J. Van Rensselaer, 
T. Scott, J. Seney, R. Sherman, P. Silvester, T. Sinnickson, W. 
Smith, of Maryland, G. Thatcher, J. Trumbull, J. Wadsworth, 
and H. Wynkoop.— 29. 



56 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses — Rules, &c. 1789. 



1st congress. A motion was then made to strike out the word " permanent;" H. Journal, 
st also, after the words " ought to be at," to strike out to the end of p ' 

motion to tne resolution, and to insert, in lieu thereof, " the borough of Wil- 
amend. mington, in the state of Delaware." 

The ayes and noes being taken on this motion to amend, it 
was decided as follows : — 
Ayes and Ayes — Messrs. A. Baldwin, T. Bland, E. Boudinot, E. Burke, id. p. 98, 
noes - L. Cadwalader, J. Coles, B. Coutee, S. Griffin, J. Jackson, R. B. "* 

Lee, J. Madison, jr., G. Mathews, A. Moore, J. Page, J. Parker, 
T. Sinnickson, W. Smith, of South Carolina, T. Sumpter, and J. 
Vining. — 19. 

Noes — Messrs. F. Ames, E. Benson, J. Brown, D. Carroll, G. 
Clymer, T. Fitzsimons, W. Floyd, A. Foster, G. Gale, E. Gerry, 
N. Gilman, B. Goodhue, J. Grout, T. Hartley, J. Hathorn, D. 
Heister, J. Lawrance, S, Livermore, P. Muhlenberg, G. Par- 
tridge, J. Van Rensselaer, T. Scott, J. Seney, R. Sherman, P. Sil- 
vester, W. Smith, of Maryland, M. J. Stone, G. Thatcher, J. 
Trumbull, T. T. Tucker, J. Wadsworth, and H. Wynkoop.— 32- 
Another A motion was then made to strike out the words, " East bank Id. p. 99. 
amend. l ° °^ * ne r * ver Susquehannah, in the state of Pennsylvania," and to 
insert, in lieu thereof, the words, " Potomac, Susquehannah, or 
Delaware." 

The ayes and noes being taken on this motion to amend, it 
was decided as follows : — 
Ayes and Ayes — Messrs. A. Baldwin, T. Bland, E. Boudinot, J. Brown, Ibid. 
noes - E. Burke, L. Cadwalader, D. Carroll, J. Coles, B. Coutee, S. Grif- 

fin, J. Jackson, R. B. Lee, J. MSdison, jr., G. Mathews, A. Moore, 
J. Page, J. Parker, T. Sinnickson, W. Smith, of South Carolina, 
M. J. Stone, T. Sumpter, T. T. Tucker, and J. Vining.— 23. 

Noes — Messrs. F. Ames, E. Benson, G. Clymer, T. Fitzsimons, 
W. Floyd, A. Foster, G. Gale, E. Gerry, N. Gilman, B. Goodhue, 
J. Grout, T. Hartley, J. Hathorn, D. Heister, J. Lawrance, S. Li- 
vermore, P. Muhlenberg, G. Partridge, J. Van Rensselaer, T. 
Scott, J. Seney, R. Sherman, P. Silvester, W. Smith, of Mary- 
land, G. Thatcher, J. Trumbull, J. Wadsworth, and H. Wyn- 
koop. — 28. 
Another A motion was then made to strike out the words, " East bank ibid, 
motion to f tne r - ivcr Susquehannah, in the state of Pennsylvania," and to 
insert, in lieu thereof, the words, " banks of either side of the ri- 
ver Delaware, not more than eight miles above or below the 
lower falls of Delaware." 

The ayes and noes being taken on this motion to amend, it 
was decided as follows : — 



HISTORY OF CONGRESS. 57 



CHAP. I. Organization of Houses— Rules, &c. 1789. 



1st congress. Ayes — Messrs. E. Boudinot, L. Cadwalader, E. Gerry, and h. Journal, 

1st Session. «* ? ■ J ' <■ inn 

— 7 Thomas Sinnickson.— 4. P* 100 ' 

A.vcs unci 

noes. Noes — Messrs. F. Ames, A. Baldwin, E. Benson, T. Bland, J. 

Brown, E. Burke, D. Carroll, G. Clymer, J. Coles, B. Coutee, T. 
Fitzsimons, W. Floyd, A. Foster, G. Gale, J\. Gilman, B. Good- 
hue, S. Griffin, J. Grout, T. Hartley, J. Hathorn, D. Heister, J. 
Jackson, J. Lawrance, R. B. Lee, S. Livermore, J. Madison, jr., 
G. Mathews, A. Moore, P. Muhlenberg, J. Page, J. Parker, G. 
Partridge, J. Van Rensselaer, T. Scott, J. Seney, R. Sherman, 
P. Silvester, Wm. Smith, of Maryland, Wm. Smith, of South Ca- 
rolina, M. J. Stone, T. Sumpter, G. Thatcher, J. Trumbull, T. T. 
Tucker, J. Wadsworth, and H. Wynkoop. — 46. 
Another A motion was then made to strike out the words "East bank," ibid. 

motion to an d insert, in lieu thereof, the word " banks." 

The ayes and noes being taken on this motion to amend, it 
was decided as follows : — 
Ayes and Ayes — Messrs. A. Baldwin, T. Bland, E. Boudinot, J. Brown, ibid. 

noes. E. Burke, L. Cadwalader, D. Carroll, J. Coles, B. Coutee, G. Gale, 

S. Griffin, J. Jackson, R. B. Lee, J. Madison, jr., G. Mathews, A. 
Moore, J. Page, J. Parker, J. Seney, T. Sinnickson, W. Smith, of 
Maryland, W. Smith, of South Carolina, M. J. Stone, T. Sump- 
ter, T. T. Tucker, and J. Vining.— 26. 

Noes — Messrs. F. Ames, E. Benson, G. Clymer, T. Fitszimons, 
W. Floyd, A. Foster, E. Gerry, N. Gilman, B. Goodhue, J. Grout, 
T. Hartley, J. Hathorn, D. Heister, J. Lawrance, S. Livermore, 
P. Muhlenberg, G. Partridge, J. Van Rensselaer, T. Scott, R. 
Sherman, P. Silvester, G. Thatcher, J. Trumbull, J. Wadsworth, 
and H. Wynkoop. — 25. 
Another A motion was then made to amend the resolution, by inserting, id. p. 101. 

amlad t0 after the word " P elms y lvama >" tne words, " or Maryland." 

The ayes and noes being taken on this motion to amend, it was 
decided as follows : — 
Ayes and Ayes — Messrs. A. Baldwin, T. Bland, E. Boudinot, J. Brown, 
noes - E. Burke, L. Cadwalader, D. Carroll, J. Coles, B. Coutee, G. Gale, 

S. Griffin, J. Jackson, R. B. Lee, J. Madison, jr., G. Mathews, A. 
Moore, J. Page, J. Parker, T. Sinnickson, W. Smith, of Mary- 
land, W. Smith, of South Carolina, M. J. Stone, T. Sumpter, T. 
T. Tucker, and J. Vining.— 25. 

Noes — Messrs. F. Ames, E. Benson, G. Clymer, T. Fitzsimons, 

W. Floyd, A. Foster, E. Gerry, N. Gilman, B. Goodhue, J. Grout, 

T. Hartley, J. Hathorn, D. Heister, J. Lawrance, S. Livermore, 

P. Muhlenberg, G. Partridge, J. Van Rensselaer, T. Scott, J. Se- 

Vol. I— 8 



58 HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses— Rules, &c. , 1789. 



1st congress, ney, R. Sherman, P. Silvester, G. Thatcher, J. Trumbull, J. 

1st Sess ion. J ' ' - ' ' 

Wadsworth, and H. Wynkoop. — 26. 

Another A motion was then made to strike out the words, " City of New H. Journal, 

motion to York," and to insert, in lieu thereof, " Borough of Wilmington, p * 101 * 
amend. ' _ b. . . . . b 

in the state of Delaware." 

The ayes and noes being taken on this motion to amend, it 

was decided as follows: — 

Ayes and -Ayes — Messrs. A. Baldwin, T. Bland, E. Boudinot, J. Brown, E. 

noes - Burke, L. Cadwalader, D. Carroll, J. Coles, B. Coutee, G. Gale, 

S. Griffin, J. Jackson, R. B. Lee, J. Madison, jr., G. Mathews, 

A. Moore, J. Page, J. Parker, T. Sinnickson, T. Sumpter, and 

J. Vming. — 21. 

Noes. — Messrs. F. Ames, E. Benson, G. Clymer, T. Fitzsimons, 

W. Floyd, A. Foster, E. Gerry, N. Gilman, B. Goodhue, J. Grout, 

T. Hartley, J. Hathorn, D. Heister, J. Lawrance, S. Livermore, 

P. Muhlenberg, G. Partridge, J. Van Rensselaer, T. Scott, J. Se- 

ney, R. Sherman, P. Silvester, W. Smith, of Maryland, W. 

Smith, of S. Carolina, M. J. Stone, G. Thatcher, J. Trumbull, T. 

T. Tucker, J. Wadsworth, and H. Wynkoop.— 30. 

Another A motion was then made to strike out the word " New York," Id. p. 102. 

amend. *° and to insert ' in Iieu thereof > the word " Philadelphia." 

The ayes and noes being taken on this motion to amend, it was 
decided as follows : — 
Ayes and Ayes — Messrs. A. Baldwin, E. Boudinot, J. Brown, E. Burke, 

noes - L. Cadwalader, D. Carroll, J. Coles, B. Coutee, G. Gale, S. Griffin, 

D. Heister, J. Jackson, R. B. Lee, J. Madison, jr., G. Mathews, A. 
Moore, J. Page, J. Parker, T. Sinnickson, M. J. Stone, T. Sump- 
ter, and J. Vining. — 22. 

Noes— Messrs. F. Ames, E. Benson, T. Bland, G. Clymer, T. 
Fitzsimons, W. Floyd, A. Foster, E. Gerry, N. Gilman, B. Good- 
hue, J. Grout, T. Hartley, J. Hathorn, J. Lawrance, S. Livermore, 
P. Muhlenberg, G. Partridge, J. Van Rensselaer, T. Scott, J. Se- 
ney, R. Sherman, P. Silvester, W. Smith, of Maryland, W. 
Smith, of South Carolina, G. Thatcher, J. Trumbull, T. T. 
Tucker, J. Wadsworth, and H. Wynkoop. — 29. 

Resolution The resolution was then agreed to, so amended as to read 

agreed to. « on the banks of the river Susquehannah," instead of "on the 
east bank." 

Thirdreso- The third resolution, as reported by the committee of the Id. p. 102, 

■J .- i J JQ„ 

mtion. whole, was in the words following: — 

" Resolved — That the President of the United States be au- 
thorized to appoint three commissioners, to examine and report 



HISTORY OF CONGRESS. 59 



Chap. I. Organization of Houses— Rules, &c. 1789. 



1st congress, to him the most eligible situation on the hanks of the Susquehan- 

lst Session. . ° n 

nah, in the state of Pennsylvania, for the permanent seat of go- 
vernment of the United States: that the said commissioners be 
authorized, under the direction of the President, to purchase 
such quantity of land as may be thought necessary, and to erect 
thereon, within four years, suitable buildings for the accommo- 
dation of the Congress, and of the officers of the United States: 
that the secretary of the treasury, together with the commis- 
sioners so to be appointed, be authorized to borrow a sum not 
exceeding one hundred thousand dollars, to be repaid within twen- 
ty years, with interest, not exceeding the rate of five per cent, 
per annum, out of the duties on impost and tonnage, to be ap- 
plied to the purchase of the land, and the erection of the build- 
ings aforesaid; and that a bill ought to pass in the present ses- 
sion, in conformity with the foregoing resolutions." 

Motion to A motion was then made, to amend this resolution, by insert- H. Journal, 
add provi- mg5 a f ter t h e word " aforesaid," the following proviso : p ' 103, 

" Provided, nevertheless, — That, previously to any such purchase 
or erection of buildings, as aforesaid, the legislatures of the 
states of Pennsylvania and Maryland make such provision for re- 
moving all obstructions to the navigation of the said river, be- 
tween the seat of the federal government, and the mouth there- 
of, as maybe satisfactory to the President of the United States." 

The ayes and noes being taken on this motion to amend, it 
was decided as follows :— 
Ayes and Ayes — Messrs. Baldwin, Boudinot, Brown, Burke, Cadwalader, 
noes. Carroll, Coles, Coutee, Gale, Jackson, Lee, Madison, jr., Ma- 

thews, More, Page, Parker, Seney, Sinnickson, Smith, of Mary- 
land, Smith, of S. Carolina, Stone, Sumpter, Tucker, and Vi- 
ning. — 24. 

Noes — Messrs. Ames, Benson, Clymer, Fitzsimons, Floyd, Fos- 
ter, Gerry, Gilman, Goodhue, Grout, Hartley, Hathorn, Heister, 
Lawrance, Livermore, Muhlenberg, Partridge, Van Rensselaer, 
Scott, Sherman, Silvester, Thatcher, Trumbull, Wadsworth, and 
Wynkoop. — 25. 
Resolution The third resolution was then agreed to, in the form in which ibid, 
agreed to. ^ was re p 0r ted by the committee, by the following vote: — 

Ayes and Ayes — Messrs. Ames, Benson, Clymer, Fitzsimons, Floyd, Fos- id. p. 103, 
noes. ter> Q a i e> Gilman, Goodhue, Grout, Hartley, Hathorn, Heister, 104, 

Lawrance, Livermore, Muhlenberg, Partridge, Van Rensselaer, 
Scott, Seney, Sherman, Silvester, Smith, of Maryland, Stone, 
Thatcher, Trumbull, Wadsworth, and Wynkoop. — 28. 



GO HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1789. 



1st congress. Noes — Messrs. Baldwin, JBoudinot, Brown, Burke, Cadwalader, 

1st Ses sion. A 

Carroll, Coles, Coutee, Gerry, Jackson, Lee, Madison, jr., Ma- 
thews, Moore, Page, Parker, Sinnickson, Smith, of South Caro- 
lina, Sumpter, Tucker, and Vining. — 21. 

Committee The house then ordered a bill or bills to be brought in, pur- H. Journal, 

to prepare suan t to the foregoing resolutions, and Messrs. Ames, Lawrance, p * 
bill. . 

and Clymer, were instructed to prepare and bring in the same. 

Petition A petition was presented to the house, on the 8th of Septem- Ibid. 

^° m ber, from sundry inhabitants of Georgetown, in the state of 

town. Maryland, containing an offer to put themselves and fortunes 

under the exclusive jurisdiction of Congress, in case that town 
should be selected as the permanent seat of the government of 
the United States." 
Bill re- Gn the 14th of September, the committee appointed for that h. Journal, 

ported. purpose, introduced into the house a bill to establish the seat of p. HO. 113. 
government of the United States, which was read a first time, 
received its second reading, and was committed on the following 
day, and, on the 17th, was considered in committee, and report- 
Progress ed to the house with amendments, which were read and agreed id. 116, 

and pass- t 0Q tne ga ^ Q n t k e g lst tne j^u was or d ere d to be en- 117 ' 

ag-e of bill. J 7 

grossed, and was passed, on the 22d, by the following vote: — 

Ayes and Ayes — Messrs. Ames, Baldwin, Benson, Clymer, Coutee, h. Journal, 
noes - Fitzsimons, Floyd, Foster, Gale, Gilman, Goodhue, Grout, P- 117,118. 

Hartley, Hathorn, Jackson, Lawrance, Leonard, Livermore, 
Muhlenberg, Partridge, Van Rensselaer, Scott, Seney, Sherman, 
Silvester, Smith, of Maryland, Stone, Thatcher, Trumbull, 
Wadsworth, and Wynkoop. — 31. 

Noes — Messrs. Bland, Boudinot, Burke, Cadwalader, Carroll, 
Coles, Lee, Madison, jr., Mathews, Moore, Parker, Schure- 
man, Smith, of South Carolina, Sumpter, Tucker, Vining, and 
White.— 17. 
Offer of In the Senate, on the 21st of September, Mr. Morris, on be- s. Journal 
buUdings half of the senators fr° m Pennsylvania, introduced a resolve of P- 83 - 
in Phila- the General Assembly of that state, of March the 5th, 1789, 
delphia. ma kj ng a a respectful offer to Congress of the use of any, or all 
the public buildings in Philadelphia, the property of the state, 
&c, in case Congress should, at any time, incline to make choice 
of that city for the temporary residence of the federal govern- 
' ment." 
Bill in Se- The act to establish the seat of government of the United s. Journal, 
nate * States, was read a first time in the Senate, on the 22d of Sep- P 85 ' 

Read tember. On the following day, the bill received a second read- 
tvice. } ng Qn the 21th, the bill being under consideration, a motion 



HISTORY OP CONGRESS. 61 



CflAP. I. Organization of Houses— Rules, &c. 1789. 



1st congress, was made to strike out the words, " in the state of Pennsylva- 

—7 nia," after the word " Susquehannah." The question being s. journal, 

amend. taken by yeas and nays, it was decided as follows: — P- 86 > 87 * 

Yeas — Messrs. Bassett, Butler, Carroll, Grayson, Gunn, Hen- 
ry, Izard, and Lee. — 8. 

Nays — Messrs. Dalton, Ellsworth, Johnson, King, Maclay, 
Morris, Paterson, Read, Schuyler, and Wingate. — 10. 

A motion was then made to strike out the words, " at some 
convenient place on the banks of the river Susquehannah, in the 
state of Pennsylvania;" and the question being taken by yeas and 
nays, it was decided, the first time, in the negative; but a motion 
for reconsideration, on the ground that the question was not un- 
derstood, being made and agreed to, the question was again taken 
by yeas and nays, and decided as follows: — 

Yeas — -Messrs. Bassett, Butler, Dalton, Ellsworth, Grayson, 
Gunn, Lee, Morris, Paterson, Read, and Wingate. — 11. 

Nays — Messrs. Carroll, Henry, Johnson, Izard, King, Ma- 
clay, and Schuyler. — 7. 

A motion to insert, in the room of the words stricken out, 
the words, " at some convenient place on the northern banks of 
the river Potomac," was then made, and decided in the negative. 

It was then moved to restore these words, "at some conve- 
nient place on the banks of the river Susquehannah." Upon 
which, a motion was made to postpone that motion, and to sub- 
stitute a motion to fill the blank with these words, "in the 
counties of Philadelphia, Chester, and Bucks, and state of Penn- 
sylvania, including within it the town of Germantown, and 
such part of the Northern Liberties of the city of Philadelphia, 
as are not excepted by the act of cession, passed by the legisla- 
ture of the said state." 

The motion to postpone being carried in the affirmative, the 
question was taken by yeas and nays, on the motion substituted, 
and decided as follows : — 

Yeas — Messrs. Bassett, Dalton, Ellsworth, King, Morris, Pater- 
son, Read, Schuyler, and Wingate. — 9. 

Nays — Messrs. Butler, Carroll, Grayson, Gunn, Henry, John- 
son, Izard, Lee, and Maclay. — 9. 

The numbers being equal, the Vice-President determined the 
question in the affirmative, 
amend. On the 25th, the consideration of the bill having been resumed, s. Journal, 

a motion was made to strike out the words, " And that, until the P' * 
necessary buildings shall be erected thereon, the seat of govern- 



62 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1789. 



ist confess, ment shall continue at New York ;" and, the question being taken, 

1st Session. . -,.-,//>,! 

by yeas and nays, it was decided as follows :-^- 

Yeas — Messrs. Butler, Carroll, Grayson, Gunn, Henry, Lee, 
and Maclay. — 7. 

Nays — Messrs. Bassett, Dalton, Ellsworth, Johnson, Izard, King, 
Morris, Paterson, Read, Schuyler, and Wingate. — 11. 

A motion was then made to amend the second section, to read 
as follows: — 

" And be it further enacted, That the President of the United 
States be authorized to appoint three commissioners, who are, 
under his direction, to locate a district, not exceeding ten miles 
square, in the said counties, and including therein the said Nor- 
thern Liberties, and town of Germantown ; and to purchase such 
quality of land within the same, as may be necessary ; and to ac- 
cept grants of lands, for the use of the United States ; and to 
erect thereon, within four years, suitable buildings for the accom- 
modation of the Congress, and of the officers of the United States." 

And this motion passed in the affirmative. 

A motion was then made, which also passed in the affirmative, 
to strike out the two last sections, and to substitute the following : 

" Provided, That no powers, herein vested in the President of 
the United States, shall be carried into effect, until the state of 
Pennsylvania, or individual citizens of the same, shall give satis- 
factory security to the secretary of the treasury, to furnish and 
pay, as the same may be necessary, one hundred thousand dollars, 
to be employed in erecting the said buildings." 

Passage of The bill was then ordered to be read a third time, to-morrow, s. Journal, 
bl11. Accordingly, on the 26th of September, the bill came again be- P* 89, 

fore the Senate, on the question of its passage, when, after an 
unsuccessful motion to postpone the further consideration thereof, 
the question was taken, by yeas and nays, on the passage of the 
bill, and decided as follows: — 

Yeas — Messrs. Bassett, Dalton, Ellsworth, Johnson, King, Mor- 
ris, Paterson, Read, Schuyler, and Wingate. — 10. 

Nays — Messrs. Butler, Carroll, Grayson, Gunn, Henry, Izard, 
and Lee. — 7. 

House mo- The bill having been sent to the House, for the concurrence of H. Journal, 
Dostnone. tna * D0( ty' m tne amendments made by the Senate, a motion was p ' 125, 
made, in the House of Representatives, on the same day, " That 
the consideration of the Senate's amendment to the bill, be post- 



HISTORY OF CONGRESS. 63 



Chip. I. Organization of Houses— Rules, &c. 1789. 



J st confess, poned until the next session of Congress." The question being 

"* taken, by ayes and noes, it was decided as follows : — 

Ayes and Ayes — Messrs. Baldwin, Bland, Brown, Burke, Carroll, Coles, 

Coutee, Gale, Gerry, Griffin, Jackson, Lee, Madison, jr. , Mathews, 

Moore, Page, Parker, Schureman, Seney, Smith, of Maryland, 

Smith, of S. Carolina, Stone, Sumpter, Tucker, and White. — 25. 

Noes — Messrs. Ames, Benson, Boudinot, Cadwalader, Clymer, 
Fitzsimons, Floyd, Foster, Gilman, Goodhue, Grout, Hartley, Ha- 
thorn, Heister, Lawrance, Leonard, Livermore, Muhlenberg, Par- 
tridge, Van Rensselaer, Scott, Sherman, Silvester, Sinnickson, 
Thatcher, Trumbull, Vining, Wadsworth, and Wynkoop. — 29. 

House a- On the 28th, the amendment of the Senate was again consi- h. Journal, 
mends Se- ^ered, and a motion was made to amend the Senate's amend- P* 126 > 127, 

nate s a- ' 

mendment. ment, by adding to the end thereof the following words: — 

" And provided, That nothing herein contained shall be con- 
strued to affect the operation of the laws of Pennsylvania, within 
the district ceded and accepted, until Congress shall otherwise 
provide, by law." 

This question, being taken by ayes and noes, was decided as 
follows : — 
Ayes and Ayes — Messrs. Ames, Benson, Cadwalader, Clymer, Fitzsi- 
mons, Floyd, Foster, Gerry, Gilman, Goodhue, Grout, Hartley,. 
Ha thorn, Heister, Huntington, Lawrance, Leonard, Livermore,, 
Muhlenberg, Partridge, Van Rensselaer, Schureman, Sherman, 
Scott, Silvester, Sinnickson, Thatcher, Trumbull, Vining, Wads- 
worth, and Wynkoop. — 31. 

Noes — Messrs. Baldwin, Bland, Boudinot, Brown, Burke, Car- 
roll, Coles, Coutee, Gale, Griffin, Jackson, Lee, Madison, jr., Ma- 
thews, Moore, Page, Parker, Seney, Smith, of Maryland, Smith, 
of South Carolina, Stone, Sumpter, Tucker, and White. — 24/ 

Postpone- The amendment thus made by the House to the amendment s. Journa?, 
baThTse- °f tne Senate, being sent up to the Senate for concurrence, a P* 93, 
nate. motion was made in the latter body, that the farther considera- 

tion of the bill be postponed to the next session of Congress: and 
this motion passed in the affirmative. 
Day of Previously to their adjournment, the two houses appointed a h. Journal, 
^ n ^I" joint committee to wait on the President, " to request that he P- 123, 

iii2r rccoixi" ** ■"■ 

mended to would recommend to the people of the United States a day of g. journal 
Presi ent. p U |jjj c thanksgiving and prayer to be observed, by acknowledging, P* 90 « 
with grateful hearts, the many and signal favours of Almighty 
God, especially by affording them an opportunity peaceably to 



64 
Chap. I. 



HISTORY OF CONGRESS 



Organization of Houses — Rules, &c 



1st congress, establish a constitution of government for their safety and hap- 
piness.*' 

The committee consisted, on the part of the House, of Messrs, 
Boudinot, Sherman, and Silvester; and, on the part of the Se- 
nate, of Messrs. Johnson and Izard. 



SECOXD SESSIOX. 



1st Congress. 
- Bern ■. 



Congress 
assembled. 



Ox Monday, the 4th day of January, the two houses reassem- 
bled at the city of New York. 

Ten members only of the Senate having answered to their 
names on the first day, the Senate adjourned for want of a quo- 
rum. On the 6th. a quorum was present, the following Sena- 
tors appearing in their places: — 



179a 



Senators 
present. 



SENATORS. 

John Langdon "^ 

and £» New Ha x pshtex. 

Paine Wingate, j 

Caleb Strong ~) 

and > Massachusetts. 

Tristram Dalton, j 

Win. S. Johnson, — Co:ryEcricrT. 

Ruins King, "^ 

and *> New Tobk. 

Philip Schuyler J 



In the House of Representatives, a quorum did not appear 
until the 7th of January, when the following members were 
present: — 



SENATORS. 
William Maclay, — Pe^stlyaxia. 

John Henry, — MAhtujo). 

Ralph Izard } 

and v South Caxoltsa. 

Pierce Butler. J 

William Few, — Georgia* 



S. Journal, 
p. 101. 



REPRESENTATIVES. 



Represen- 
tatives pre- 
sent. 



Abiel Foster, 
Nicholas Gilman, 
Samuel Lirermore, 

Fisher Ames, 
Elbridge Gerry, 
Benj. Goodhue, 
Jonathan Grout, 
George Partridge, 
George Thatcher,^ 



Nkw Hampshire. 



^Massachusetts. 



REPRESENTATIVES . 

Egbert Benson, "^ 

William Floyd, I M 

JohnLawrance, >New\or K . 

Jere. Van Rensselaer, J 

Fred. Aug". Muhlen-"] 

PeteYMuhlenber^, k™lW I Tl l 
Thomas Scott, J 



Roger Sherman, 
Jonathan Sturges, 
Jeremiah Wadsworth, 



CoyyiCTiccT. 



H. Journal, 

p.133, 134. 



Joshua Seney, 
Daniel Carroll, 

Elias Boudinot, 
James Schureman, 



> Martlajtd. 

> New Jersei. 



HISTORY OF CONGRESS. 65 



Chap. I. Organization of Houses— Rules, &c. 1790. 



1st Congress. REPRESENTATIVES. REPRESENTATIVES 

2d Session. _ . „ 
John Brown, 

Represen- ^S 2°^' 
tatives pre- J? h . n p , a g» , _ >Vikgisia 
sent. Richard Bland Lee, f 

Samuel Griffin, 
Alexander White, 



Edanus Burke, "^ 

Daniel Huger, I SouTH Cakolina . 

William Smith, f 

Thos. T. Tucker, J 



Abraham Baldwin, ? ,-, . 

George Mathews, J Georgia ' 



Senate On the 6th of January, the Senate appointed Messrs. Strong S. Journal, 
to^form anc * * zarc * to be a committee on their part, to join such commit- p * ° 2 ' 
President, tee as the House of Representatives might appoint, to inform 
the President of the United States, that a quorum of the two 
houses is assembled, and will be ready, in the senate chamber, 
at such time as the President may appoint, to receive any com- 
munications he may be pleased to make. 
House The house, in concurrence with this resolution, appointed, on H. Journal, 
committee. the f ol]owing day? Messrs. Oilman, Ames, and Seney, to be a P* 134 * 
committee on their part. 
Messages Messages, communicating the information of the presence of S. Journal, 
houIeT of a quorum, were interchanged by the two houses. H. Journal, 

p. 134. 
The following resolution was agreed to by the House of Repre- 

sentatives, on the 7th of January: — 

House a- " Resolved — -That two chaplains, of different denominations, ibid 
g-rees to De appointed to Congress, for the present session, one by each 
lains. house, who shall interchange weekly." 

Senate On the same day, the Senate concurred, and elected the Right s. Journal, 
concurs, Reverend Dr. Samuel Provost to be chaplain of the Senate. On P- 102 - 

slid elects 

Ho ' the following day, the House of Representatives elected the H. Journal, 
elects. Reverend Dr. William Linn, to be their chaplain. P* 136, 

President On the 8th, the President of the United States, according to h. Journal, 
twohouses. an intimation previously communicated to the joint committee p« 135,136. 
of the two houses, came into the senate chamber, whither the g. journal, 
House of Representatives had been previously invited by the P^ 02 ' 103 ' 
Senate, and, in the presence of Congress, made the following 
address: — 

" Fellow Citizens of the Senate, and House of Representa- 
tives: — 

Speech of " I embrace, with great satisfaction, the opportunity which 
President. nQW p resen t s itself, of congratulating you on the present favour- 
able prospects of our public affairs. The recent accession of the 
important state of North Carolina to the Constitution of the 
United States, (of which official information has been received:) 
Vol. I.— 9 



06 HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses— Rules, &c. 1790. 



istcongress. the rising credit and respectability of our country, and the gene- 
rally increasing good-will towards the government of the Union, 
Speech of an( j t j ie conc0 rd, peace, and plenty, with which we are blessed — 
are circumstances auspicious, in an eminent degree, to our nation- 
al prosperity. 

" In resuming your consultations for the general good, you 
cannot but derive encouragement from the reflection, that the 
measures of the last session have been as satisfactory to your 
constituents as the novelty and difficulty of the work allowed you 
to hope. Still further to realize their expectations, and to secure 
the blessings which a gracious Providence has placed within 
our reach, will, in the course of the present important session, 
call for the cool and deliberate exertion of your patriotism, firm- 
ness, and wisdom. 

" Among the many interesting objects which will engage your 
attention, that of providing for the common defence will merit 
particular regard. To be prepared for war is one of the most 
effectual means of preserving peace. 

" A free people ought not only to be armed, but disciplined: 
to which end, a uniform and well digested plan is requisite: and 
their safety and interest require, that they should promote such 
manufactories as tend to render them independent on others for 
essential, particularly for military supplies. 

"The proper establishment of the troops, which may be 
deemed indispensable, will be entitled to mature consideration. 
In the arrangements which may be made respecting it, it will 
be of importance to conciliate the comfortable support of the of- 
ficers and soldiers, with a due regard to economy. 

" There was reason to hope that the pacific measures adopted 
with regard to certain hostile tribes of Indians, would have re- 
lieved the inhabitants of our southern and western frontiers from 
their depredations. But you will perceive, from the informa- 
tion contained in the papers which I shall direct to be laid before 
you, (comprehending a communication from the commonwealth 
of Virginia,) that we ought to be prepared to afford protection 
to those parts of the Union, and, if necessary, to punish ag- 
gressors. 

" The interests of the United States require, that our inter- 
course with other nations should be facilitated by such provi- 
sions as will enable me to fulfil my duty, in that respect, in the 
manner which circumstances may render most conducive to the 
public good: and, to this end, that the compensations to be made 
to the persons who may be employed, should, according to the 



HISTORY OF CONGRESS. 67 



Chap. I. Organization of Houses— Rules, &c. 1790. 



istcongress. nature of their appointments, be defined by law: and a compe- 

: — — tent fund designated for defraying the expenses incident to the 

Speech of conduct of our foreign affairs. 
President. 

u Various considerations, also, render it expedient, that the 
terms on which foreigners may be admitted to the rights of citi- 
zens, should be speedily ascertained by a uniform rule of natu- 
ralization. 

" Uniformity in the currency, weights, and measures of the 
United States, is an object of great importance, and will, I am 
persuaded, be duly attended to. 

" The advancement of agriculture, commerce, and manufac- 
tures, by all proper means, will not, I trust, need recommenda- 
tion. But I cannot forbear intimating to you, the expediency 
of giving effectual encouragement, as well to the introduction of 
new and useful inventions from abroad, as to the exertions of 
skill and genius in producing them at home; and of facilitating 
the intercourse between the distant parts of our country, by a 
due attention to the post office and post roads. 

"Nor am I less persuaded that you all agree with me in opin- 
ion, that there is nothing which can better deserve your patronage 
than the promotion of science and literature. Knowledge is, in 
every country, the surest basis of public happiness. In one in 
which the measures of government receive their impression so im- 
mediately from the sense of the community, as in ours, it is pro- 
portionably essential. To the security of a free constitution it con- 
tributes in various ways: by convincing those who are intrusted 
with the public administration, that every valuable end of govern- 
ment is best answered by the enlightened confidence of the peo- 
ple; and by teaching the people themselves to know, and to value 
their own rights; to discern and provide against invasions of them; 
to distinguish between oppression and the necessary exercise of 
lawful authority; between burdens proceeding from a disregard 
to their convenience, and those resulting from the inevitable 
exigencies of society; to discriminate the spirit of liberty from 
that of licentiousness; cherishing the first, avoiding the last; and 
uniting a speedy, but temperate, vigilance against encroachments, 
with an inviolable respect to the laws. 

" Whether this desirable object will be best promoted by af- 
fording aid to seminaries of learning already established; by the 
institution of a national university; or by any other expedients, 
will be well worthy of a place -in the deliberations of the le- 
gislature. 



68 HISTORY OF CONGRESS. 



Chajp. I. Organization of Houses— Rules, &c. 1790. 



1st congress. " Gentlemen of the House of Representatives : — 

2d Session. 

" I saw, with peculiar pleasure, at the close of the last ses- 
PresSent? Sl0n ) ^ e resolution entered into by you, expressive of your opi- 
nion, that an adequate provision for the support of the public 
credit, is a matter of high importance to the national honour and 
prosperity. In this sentiment I entirely concur. And, to a 
perfect confidence in your best endeavours to devise such a pro- 
vision as will be truly consistent with the end, I add an equal 
reliance on the cheerful co-operation of the other branch of the 
legislature. It would be superfluous to specify inducements to a 
measure, in which the character and permanent interests of the 
United States are so obviously and so deeply concerned, and 
which have received so explicit a sanction from your declaration. 

** Gentlemen of the Senate and House of Representatives: — 
" I have directed the proper officers to lay before you, re- 
spectively, such papers and estimates, as regard the affairs par- 
ticularly recommended to your consideration, and necessary to 
convey to you that information of the state of the Union which 
it is my duty to afford. 

" The welfare of our country is the great object to which our 
cares and efforts ought to be directed; and I shall derive great 
satisfaction from a co-operation with you, in the pleasing, though 
arduous task, of ensuring to our fellow citizens the blessings 
which they have a right to expect from a free, efficient, and 
equal government. 

"George Washington. 

•" United States, January 8, 1790." 

Senate As soon as the President and members of the House of Repre- S. Journal, 
to'prepare sentatives had retired, the Senate ordered the speech to be printed, p * 104, 
answer. and appointed Messrs. King, Izard, and Paterson, a committee to 
prepare and report the draft of an answer to it. On the 9th^ 
the House of Representatives went into committee of the whole 
house on the speech, a copy of which was laid before the house 
by the speaker, and the committee having reported the following 
resolution — 
House re- " Resolved — That it is the opinion of this committee that an ad- H. Journal, 

and^com- dress 0U S ht to be P resented > b y the house > to the President of the p ' 137, 
mittee. United States, in answer to his speech to both houses, with as- 
surances that this house will, without delay, proceed to take into 
their serious consideration the various and important matters 
recommended to their attention :" 



HISTORY OF CONGRESS. 69 



Chap. I. Organization of Houses— Rules, &c. 1790. 



^congress. The House agreed to the same., and appointed Messrs. Smith, 
of South Carolina, Clymer, and Lawrance, a committee to pre- 
pare such address. 

On the 11th, Mr. King, from the Senate committee, reported 
the following address to the President, which was accepted by 
the Senate : — 
Address of " To the President of the United States : — S. Journal, 

w Sir — We, the Senate of the United States, return you our 
thanks for your speech, delivered to both houses of Congress. 
The accession of the state of North Carolina to the Constitu- 
tion of the United States, gives us much pleasure ; and we offer 
you our congratulations on that event, which, at the same 
time, adds strength to our Union, and affords a proof that the 
more the Constitution has been considered, the more the good- 
ness of it has appeared. The information which we have re- 
ceived, that the measures of the last session have been as satis- 
factory to our constituents as we had reason to expect, from the 
difficulty of the work in which we were engaged, will afford us 
much consolation and encouragement, in resuming our delibe- 
rations, in the present session, for the public good ; and every ex- 
ertion, on our part, shall be made to realize, and secure to our 
country, those blessings which a gracious Providence has placed 
within her reach. We are persuaded that one of the most ef- 
fectual means of preserving peace, is to be prepared for war ; 
and our attention shall be directed to the objects of common de- 
fence, and to the adoption of such plans as shall appear the most 
likely to prevent our dependence on other countries for essential 
supplies. In the arrangements to be made, respecting the esta- 
blishment of such troops as may be deemed indispensable, we 
shall, with pleasure, provide for the comfortable support of the 
officers and soldiers, with a due regard to economy. We regret 
that the pacific measures adopted by government, with regard to 
certain hostile tribes of Indians, have not been attended with the 
beneficial effects towards the inhabitants of our southern and 
western frontiers, which we had reason to hope ; and we shall 
cheerfully co-operate in providing the most effectual means for 
their protection, and, if necessary, for the punishment of aggres- 
sors. The uniformity of the currency, and of weights and mea- 
sures ; the introduction of new and useful inventions from abroad, 
and the exertions of skill and genius in producing them at home ; 
the facilitating the communication between the distant parts of 
our country, by means of post offices and post roads ; a provision 



70 HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses— Rules, &c. 1790. 



1st congress, for the support of the department of Foreign Affairs; and a uni- 

2d Session. rr . * "~ 7 

form rule of naturalization, by which foreigners may be admit- 

Addressof ^ to ^ e rights of citizens, are objects which shall receive such 
early attention as their respective importance requires. Litera- 
ture and science are essential to the preservation of a free Consti- 
tution : the measures of government should, therefore, be calcu- 
lated to strengthen the confidence that is due to that important 
truth. Agriculture, commerce, and manufactures, forming the 
basis of the wealth and strength of our confederated republic, 
must be the frequent subject of our deliberations, and shall be ad- 
vanced by all proper means in our power. Public credit being 
an object of great importance, we shall cheerfully co-operate in 
all proper means for its support. Proper attention shall be given 
to such papers and estimates as you may be pleased to lay before 
us. Our cares and efforts shall be directed to the welfare of our 
country ; and we have the most perfect dependence upon your 
co-operating with us, on all occasions, in such measures as will 
ensure to our fellow citizens the blessings which they have a 
right to expect from a free, efficient, and equal government." 

Address The President having fixed the 14th as the day when he S. Journal, 
presented. wou ] { j re ceive this address, in obedience to an order of the Se- p ' ' 
nate, the Vice-President, on that day, attended by the Senate, 
waited on the President, at his own house, and, in their name, 
delivered the address. " To which, the President of the United 
States was pleased to make the following reply : — 
President's " Gentlemen: I thank you for your address, and for the as- 
repl> ' surances which it contains of attention to the several matters 
suggested by me to your consideration. 

" Relying on the continuance of your exertions for the public 
good, I anticipate for our country the salutary effects of upright 
and prudent counsels. 

" G. Washington. " 

The committee of the House of Representatives reported, on 
the 12th of January, an address, which received the unanimous 
acquiescence of the house, in the following words : — 
Address of " Sir: The representatives of the people of the United States H. Journal, 
House. k ave taken into consideration your speech to both houses of p<1 j14 ' 
Congress, at the opening of the present session. 

" We reciprocate your congratulations, on the accession of the 
state of North Carolina ; an event which, while it is a testimony 
of the increasing good will towards the government of the Union, 
cannot fail to give additional dignity and strength to the Ameri- 



HISTORY OF CONGRESS. 71 



Chap. I. Organization of Houses— Rules, &c. 1790. 



1st congress, can republic, already rising, in the estimation of the world, in 

2d Session. \ . ' J . to ' _ „. 

national character and respectability. 

Address « ^he information that our measures of the last session have 
01 House. 

not proved dissatisfactory to our constituents, affords us much en- 
couragement at this juncture, when we are resuming the arduous 
task of legislating for so extensive an empire. 

" Nothing can be more gratifying to the representatives of a 
free people, than the reflection that their labours are rewarded 
by the approbation of their fellow citizens. Under this impres- 
sion, we shall make every exertion to realize their expectations, 
and to secure to them those blessings, which Providence has 
placed within their reach. Still prompted by the same desire to 
promote their interests, which then actuated us, we shall, in the 
present session, diligently and anxiously pursue those measures 
which shall appear to us conducive to that end. 

" We concur with you in the sentiment, that agriculture, com- 
merce and manufactures, are entitled to legislative protection, 
and that the promotion of science and literature will contribute 
to the security of a free government: in the progress of our de- 
liberations, we shall not lose sight of objects so worthy of our re- 
gard. 

" The various and weighty matters, which you have judged 
necessary to recommend to our attention, appear to us essential 
to the tranquillity and welfare of the Union, and claim an early 
and most serious consideration. We shall proceed, without de- 
lay, to bestow on them that calm discussion which their impor- 
tance requires. 

" We regret that the pacific arrangements pursued with re- 
gard to certain hostile tribes of Indians, have not been attended 
with that success, which we had reason to expect from them ; 
we shall not hesitate to concur in such farther measures, as may 
best obviate any ill effects which might be apprehended from 
the failure of those regulations. 

" Your approbation of the vote of this house, at the last ses- 
sion, respecting the provision for the public creditors, is very ac- 
ceptable to us. The proper mode of carrying that resolution 
into effect, being a subject in which the future character and 
happiness of these states are deeply involved, will be among the 
first to deserve our attention. 

"The prosperity of the United States is the primary object 
of all our deliberations; and we cherish the reflection that every 
measure which we may adopt for its advancement, will not only 
receive your cheerful concurrence, but will, at the same time? 



U HISTORY OF CONGRESS. 



Chap. I. Organization of Houses — Roles, Joe. 1790. 



fa trn^L, deriTe from your co-operation, additional efficacy, in ensuring to 

our fellow citizens the blessings of a free, efficient, and equal 

*££f ssof government. " 

Address On the 14th, in conformity with an arrangement made by the H. Journal, 
ftsented. comm ittee, the speaker, attended by the house, presented this p * 
address to the President of the United States, at his own house, 
when the President made the following reply: — 

F:z?.Lzz.:'i " Gentlemen: I receive with pleasure the assurances you give 
re --. r - me, that you will diligently and anxiously pursue such measures 
as shall appear to you conducive to the interest of your consti- 
tuents: and that an early and serious consideration will be given 
to the various and weighty matters recommended by me to your 
attention. 

••' I have full confidence that your deliberations will continue 
to be directed by an enlightened and virtuous zeal for the hap- 
piness of our country. 

" G. Washington." 



Bone On the 7th of January, the House of Representatives appoint- id. p. 134. 



e ed a committee, consisting of Messrs. Boudinot, Sherman, and 



White, to examine the Journal of the last session, and to report 
therefrom all such matters of business as were then depending 
and undetermined. And oh the 11th, this committee made their 
report, as follows: — 

Re;:.-.. "It appears to your committee, that the several petitions of Id. p. 137, 
David Ramsay, John Churchman, Alexander Lewis, Arthur 
Greer, Jedediah Morse, John Fitch, Englehart Cruse, Nicholas 
Pike, Samuel Briggs, John Christopher Stoebel, Leonard Har- 
baugh, Hannah Adams, Christopher Colles, David Greenleaf, 
John Macpherson, Abraham Westervelt, James Rumsey, and 
William Hoy, respectively praying for exclusive privileges, as 
authors or inventors of some useful work or discovery, were or- 
dered to lie on the table, and so remained during the session. 

(i It farther appears to your committee, that the several peti- 
tions of Martha Walker, Duncan Campbell, Tristram Coffin, 
William Finnie, Englebert Kemmena, Thomasin Gordon, Pru- 
dent la Lenesse, Baron de Steuben, and Richard Hain, respec- 
tively praying to be compensated for military services, or for in- 
juries or losses sustained during the late war, were referred to 
the secretary of the treasury, to examine, and report upon to the 
present session. 

" It further appears to your committee, that the several peti- 



HISTORY OF CONGRESS. 73 



CHAP. I. Organization of Houses— Rules, &c. 1790. 



1st congress, tions of John M'Garragh, Dudley Tyler, Patrick Bennet, John 

" Hart, James Gibbons, Archibald M'Alister, Alexander Power, 

Report, attorney for Colonel Fleuris' regiment, Henry Malcolm, and 
Charles Markley, respectively praying to be compensated for 
military services rendered during the late war, were referred to 
the secretary of war, to examine, and report upon to the pre- 
sent session. 

"It further appears to your committee, that the several peti- 
tions of Andrew Newell and Seth Clarke, Sarah Parker, Bartlet 
Hinds, Robert Frazier, David Sturges, Richard Philips, James 
M 'Clean, James Read, and Thomas Barclay, respectively pray- 
ing that certain claims which they exhibit against the United 
States, may be considered and allowed, were ordered to lie on 
the table, and so remained during the session. 

" It also appears to your committee, that the petition of Joseph 
Wheaton, sergeant-at-arms to this house, praying an inquiry into 
the charges exhibited against him in certain anonymous letters, 
was ordered to lie on the table; and so remained during fhe 
session. 

" Your committee further report, that committees were ap- 
pointed to prepare, and bring in, the several bills following, to 
wit: — 

« A bill to establish a uniform system on the subject of bank- 
ruptcies, throughout the United States. 

" A bill for the further encouragement of the commerce and 
navigation of the United States. 

"A bill providing for the actual enumeration of the inhabi- 
tants of the United States. 

" Also, a bill providing a proper system of regulation for the 
militia of the United States." 

Neither of which bills were reported during the session. 

" It also appears to your committee, that there were post- 
poned, by this house, for further consideration, until the present 
session, the several bills following, to wit: — 

" A bill to promote the progress of science, and useful arts, by 
securing to authors, and inventors, the exclusive right to their 
respective writings and discoveries. 

"A bill for the establishment of hospitals for the relief of sick 
and disabled seamen; and prescribing regulations for the harbours 
of the United States. 

" A bill concerning the importation of certain persons, prior 
to the year one thousand eight hundred and eight. 
Vol. L— -10 



74 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1790. 



1st congress. a A bill to establish a land office in and for the Western Ter^ 

yd Session. 

ritory. 

« Also, a bill sent from the Senate, entitled, « An act for the 
punishment of certain crimes against the United States.' 

" That the bill, entitled, « An act to establish the seat of go- 
vernment of the United States,' was postponed by the Senate, 
for the further consideration of an amendment proposed by this 
house, until the present session. 

"And, lastly; That the report of the committee appointed to 
examine into the measures taken by Congress, and the state of 
Virginia, respecting lands reserved for the officers and soldiers 
of the said state, was postponed by this house, for further consi- 
deration, until the present session." 

The Senate, on the 20th of January, adopted the following 
resolution: — 

Senate " Resolved — That Messrs. Ellsworth, Maclay, and Henry, s. Journal, 

committee h e a committee to confer with such committee as may be an- P* "• 
on un- . . 

finished pointed on the part of the House of Representatives, to consider 

business. an( j re p 0r t ? whether or not the business, began previously to the 

late adjournment of Congress, shall now be proceeded in as if no 

adjournment had taken place." 

House The House of Representatives, concurring in this resolution, h. Journal, 
committee, appointed, on the same clay, Messrs. Sherman, Thatcher, Hart- P- 143 * 
ley, White, and Jackson, to be a committee on their part. 
Report. This joint committee reported to the two houses, on the 22d id. p. 144. 
of January, " That the business unfinished between the two S. Journal, 
houses, at the late adjournment, ought to be regarded as if it had p * 107 ' 
not been passed upon by either." 

Senate A motion was made to postpone the report of the commit- ibid, 
adopts. tee? j n i]^ s ena [ e? on the 25th, but the motion did not pre- 
vail; and the yeas and nays being called, on the question to 
agree to the report, it was decided as follows: — 

Yeas — Messrs. Butler, Dalton, Ellsworth, Few, Hawkins, 
Henry, Johnson, King, Schuyler, and Strong. — 10. 

Nays — Messrs. Bassett, Elmer, Izard, Langdon, Maclay, Mor- 
ris, Paterson, and Wingate. — 8. 

House On the same day, the House of Representatives concurred in h. Journal, 
concurs, t hj s decision. P- 14 °- 

House re. The House of Representatives, on the 13th of January, agreed ibid, 
scindsrule. to ^ f n wing order:—- 



HISTORY OF CONGRESS. 75 



CHAP. I. Organization of Houses— Rules, &c. 1790. 



1st congress. « Ordered — That so much of the standing rules and orders of 

Sd Session. ° . 

this house, as directs the mode of appointing committees, be re- 
scinded; and that, hereafter, it be a standing rule of the house, 
Speaker to that all committees shall be appointed by the speaker, unless 
commit- otherwise specially directed by the house ; in which case, they 
tees. shall be appointed by ballot ; and if, upon such ballot, the num- 

ber required shall not be elected by a majority of the votes 
given, the house shall proceed to a second ballot, in which a plu- 
rality of votes shall prevail; and, in case a greater number than 
are required to compose or complete the committee shall have 
an equal number of votes, the house shall proceed to a further 
ballot or ballots." 

Senate The Senate, on the 23d of February, instructed a committee, S. Journal, 
t C o 0m chan e e consistin g of Messrs. Hawkins, Langdon, and Few, to prepare and P- 115 > 116 - 
rule as to report a rule, determining in what cases a reconsideration of a 
reconsider- yote of g enate shall be admissible. On the 24th, this committee 



ation. 



reported, and on the following day the report was considered, 
amended, and accepted ; whereupon, the Senate came to the fol- 
lowing resolution: — 

Report and "Resolved — That, when a question has been once made and 
resolution. carr j ec i j n the affirmative or negative, it shall be in order for 

any member of the majority to move for a reconsideration of 

it." 

On the 29th of April, the House of Representatives adopted 
the following order: — 



House " Ordered^ — That a committee be appointed to consider and re- H. Journal, 
committee p 0r ^ whether any, and what, additional rules are necessary for p * 
rules. regulating the proceedings of this house : and, that the said com- 

mittee do confer with any committee to be appointed on the 
part of the Senate, to consider and report, whether any, and 
what, further regulations are necessary for conducting the busi- 
ness between the two houses; and a committee was appointed of 
Mr. Sherman, Mr. Smith, of South Carolina, and Mr. Vining." 

Senate And the Senate, on the following day, concurring in this reso- S. Journal, 
committee. i u ti n, appointed Messrs. Lee, Izard, and Strong, a committee on p * 136, 
their part 

On the 9th of June, a report was made to the house by this h. Journal, 
committee, and ordered to lie on the table. A report was also p * j 36, , 
made to the Senate, on the 10th of June, and the Senate agreed p. 153,154. 
to the following resolution:— 



76 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules. &c 1790. 



ist congress. " Resolved — That the Senate asrree to the report, amended to 

2d Ses sion. s r 

" read as follows : — 

" 1st. That, when a bill or resolution, which shall have passed 
in one house, shall be rejected in the other, notice thereof shall 
be given to the house in which the same shall have passed. 

"2d. When a bill or resolution, which shall have passed in one 
house, shall be rejected in the other, it shall not be brought in 
during the same session, without a notice of ten days, and leave 
of two-thirds of that house in which it shall be renewed. 

u 3d. Each house shall transmit to the other all papers on 
which any bill or resolution shall be founded. 

" 4th. After each house shall have adhered to their disagree- 
ment, a bill or resolution shall be lost." 

Here this effort to amend the joint rules appears to have ter- 
minated, as there is no further record of proceedings on the sub- 
ject. 

On the 29th of April, the following motion was submitted to 
the Senate: — 

Motion to " That the doors of the senate chamber shall be open when s. Journal, 
of Sen^ lhe Senate is sittin g in their kgislative capacity, to the end, that P' 1S5 ' 
such of the citizens of the United States as may choose to hear 
the debates of this house, may have an opportunity of so doing." 

This resolution was considered, and negatived, on the following id. p. 136. 
day. 
Standing A standing committee of elections was appointed by the House H. Journal, 
of m el2T of Representatives, on the 1st of February, consisting of Messrs. P- 15a 
tions. Ames, Sherman, Benson, Sinnickson, Wynkoop, White, and 

Stone, 
Newspa- On the 3d of April, the house appointed a committee, consist- id. p. 187. 
pers. ^ D g f ^l e55rs . Benson, Wadsworth, and Livermore, to report a 

provision for payment of the printers' accounts for newspapers, 
furnished for the use of Congress; and also a proper mode of re- 
gulating the future supply of newspapers, for the use of both 
houses," 

On the 9th, this committee made their report, which was 
taken up for consideration on the 14th: whereupon, 

Report. The first part of the said report, in the words following, to id. p . 191. 
wit: " That the said accounts ought to be deemed as a part of 193 > 194 * 
the contingent expenses of the session, and to be credited and 



HISTORY OF CONGRESS. 77 



Chap. I. Organization of Houses— Rules, &.c. 1790. 



ist congress, paid as such," was, on the question put thereupon, agreed to by 
the house. 

The second part of the said report, in the words following, 
to wit : " That there be no further supply of newspapers for the 
use of the members of either house of Congress, at the public 
expense," was, on the question put thereupon, disagreed to by 
the house. 
Books for By an order of the House of Representatives, of the 30th of H. Journal, 
Congress. April, a committee, consisting of Messrs. Gerry, Burke, and 
White, was appointed to report a catalogue of books necessary 
for the use of Congress. And this committee, on the 23d of 
June, made a report and estimate, which were laid on the table. 

Death of On the 1st of June, information was communicated to the I& p. 232. 
J2 oric house of the death of Theodoric Bland, one of the members 
for the state of Virginia, who died on that morning. The house, 
thereupon, adopted the following order : — 

Funeral " Ordered, — That such members of the said state as are now 
committee, present, be appointed a committee to take order for superintend- 
ing the funeral of the said Theodoric Bland, and that this house 
will attend the same." 

On the following day, the house adopted a resolution as fol- 
lows: — 
Resolu- " Resolved, unanimously, — That the members of this house, Id - P' 233b 
from a sincere desire of showing every mark of respect due to 
the memory of Theodoric Bland, deceased, late a member there- 
of, will go in mourning for him one month, by the usual mode of 
wearing a crape round the left arm." 

The Senate, on the same day, adopted the following resolu- 
tion : — 
Senate re- " Resolved — That the Senate will attend the funeral of Col. S. Journal, 
tend* f° ^ Bland > late a member of the House of Representatives of the p * 150, 
neral. United States, at 5 o'clock, this afternoon." 

There appears to have been no interruption to the business 
before either of the houses, in consequence of this casualty. 

The House of Representatives, on the 1st day of June, came 
to the following resolution: — 

House re- " ^ eso ^ ve( ^ — That all treaties made, or which shall be made, h. Journal, 
solution to and promulgated, under the authority of the United States, shall, P* 232, 
treaties to ^ rom ^ me *° ume ' °e published and annexed to their code of 4 
laws, laws by the secretary of state." 



tions for 
mourning', 



7? HISTORY OF CONGRESS. 



I:.-: ._--: :i :/ Z: . ;■, = -?.. - .- 



jh trn^iji i On the 2d of June, the Senate concurred in this resolution. S. Journal, 
"" s^^~ On the 31st of May, the difficult question, as to the seat of P* 149 ' 
concurs. government was again brought before the House of Represen- 
Seat of go- tatives. And, on the same day, a bill was presented, with leave id. p. 148. 
to the Senate by Mr. Butler, and read a first time, entitled, " An 
act to determine the permanent seat of Congress, and the go- 
re rnment of the United States " 

The question which agitated the house on that day was, on 
the following motion — 

Place for Resoked — That Congress will meet and hold their next session H. Jooma], 
next meet- ^ ., p.228. 

On this resolution, the ayes and noes were demanded, and it 
: decided as follows : — 

Ayes — Messrs. Ashe, Baldwin, Brown, Cadwalader. Carroll, 
Qymer, Coles, Coutee, Fitzdmons, Gale, Gilman, Griffin, Hart- 
ley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muh- 
lenberg, Page, Parker, Scott, Seney, Sumkkson, Steele, Stone, 
Sumpter, Tining, White, Williamson, Wynkoop. — 32. 

Aoe? — Messrs. Ames. Benson, Bloodworth, Boudinot, Burke, 
Floyd, Foster, Gerry, Goodhue, Grout, Huger, Huntington, Law- 
rence, Leonard, Livennore, Partridge, Tan Rensselaer, Schure- 
man, Sedgwick, Sherman, Silvester, Smith, of Maryland, Smith, 
of South Carolina, Sturges, Thatcher, Trumbull, Tucker.— 27. 

A motion was then made, to amend the resolution, by insert- 
ing, after the word " Resolved, " the following words : — 

" That a permanent seat for the government of the United 
Motion to States ought to be fixed at some convenient place on the banks Id- p- 329. 
mmaa - of the river Delaware, and " — 

An objection being taken to this motion, that it was not in order. 
Question the speaker declared the motion not to be in order. From which H. p. 238; 
and appeal °P"" on °f tBe chair, an appeal was made to the house by two 229 " 
ta the members : and on the question — "Is the said motion in order?" 
— the question, the ayes and noes being called, was decided as 
follows: — 

sra. Benson, Boudinot, Burke, Coles, Floyd. I 
Ayes and ter, Gerry, Goodhue, Hathorn, Huntington, Lawrance, Lee, 
Leonard, Livermore, Madison, jr., Partridge, Van Rensselaer, 
Schureman, Sedgwick, Seney, Sherman, Silvester, Smith, of 
Maryland, Smith, of South Carolina, Stone, Sturges, Thatcher, 
Trumbull, Tucker. — 29. 



HISTORY OF CONGRESS. 79 



CHAP. I. Organization of Houses— Rules, &c, 1790. 



1st congress. Noes — Messrs. Ames, Ashe, Baldwin, Bloodworth, Brown, 

2d Session. 

" Cadwalader, Clymer, Coutee, Fitzsimons, Gale, Gilman, Griffin, 

Grout, Hartley, Heister, Jackson, Mathews, Moore, Muhlen- 
berg, Page, Parker, Scott, Sinnickson, Steele, Sumpter, Vining, 
White, Williamson, Wynkoop. — 29. 

Speaker's The members being equal, the speaker gave his vote in the 

vote de- negative. 

cides. ° 

Motion to A motion was then made to commit the original motion to a h. Journal, 

commit. committee of the whole house, and, the ayes and noes being P- 229 > 230 - 
called on this question, it was decided as follows:-— 
Ayes and Jlyes — Messrs. Ames, Benson, Bloodworth, Boudinot, Burke, 

noes. Floyd, Foster, Gerry, Grout, Hathorn, Huger, Huntington, 

Lawrance, Livermore, Partridge, Van Rensselaer, Schureman, 
Sedgwick, Sherman, Silvester, Smith, of South Carolina, Sturges, 
Thatcher, Trumbull, Tucker.— 25. 

Noes — Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, 
Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Goodhue, 
Griffin, Hartley, Heister, Jackson, Lee, Leonard, Madison, jr., 
Mathews, Moore, Muhlenberg, Page, Parker, Scott, Seney, 
Sinnickson, Smith, of Maryland, Steele, Stone, Sumpter, Vi- 
ning, White, Williamson, Wynkoop. — 35. 

Motion to A motion was then made to fill up the blank in the resolu- id. p. 230. 

insert "Phi- t [ on w j tn the words, " the city of Philadelphia." And it was 

ladelphia." ./ ■ , '■ * _ r 

Motion to tnen movec l to amend the amendment, by adding the words, — 

insert "or « or Baltimore." And the ayes and noes being called on the 

more " latter motion, it was decided as follows: — 
Ayes and Jiyes — Messrs. Benson, Bloodworth, Burke, Floyd, Gerry, 

noes. Grout, Hathorn, Huger, Jackson, Lawrance, Partridge, Van 

Rensselaer, Seney, Silvester, Smith, of Maryland, Smith, of South 
Carolina, Stone, Sturges, Sumpter, Thatcher, Trumbull, Tuc- 
ker.—- 22. 

Noes — Messrs. Ames, Ashe, Baldwin, Boudinot, Brown, 
Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Foster, 
Gale, Gilman, Goodhue, Griffin, Hartley, Heister, Huntington, 
Lee, Leonard, Livermore, Madison, jr., Mathews, Moore, 
Muhlenberg, Page, Parker, Schureman, Scott, Sedgwick, Sher- 
man, Sinnickson, Steele, Vining, White, Williamson, Wyn- 
koop. — 38. 

Motion to The question being then taken on the motion tQ fill the blank yd. p. 230, 
StToYph? with the words > " the cit y of Philadelphia," and the ayes and 23L 
ladelphia." noes being called, it was decided as follows: — 



QO HISTORY OF CONGRESS. 



ChJlP. I. Organization of Houses — Rules, &.c. 1790. 



1st congress. *1ye$ — Messrs. Ames, Ashe, Baldwin, Boudinot, Brown, Cad- 
— -— — - walader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gil- 
Ares and man ^ Goodhue, Griffin, Hartley, Heister, Jackson, Lee, Leonard, 
Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Par- 
tridge, Scott, Seney, Sinnickson, Smith, of Maryland, Steele, 
Stone, Sumpter, Thatcher, Vining, White, Williamson, Wyn- 
koop. — 38. 

Noes — Messrs. Ames, Benson, Bloodworth, Burke, Floyd, 
Foster, Gerry, Grout, Hathorn, Huger, Huntington, Lawrance, 
Livermore, Van Rensselaer, Schureman, Sedgwick, Sherman, 
Silvester, Smith, of South Carolina, Sturges, Trumbull, Tuc- 
ker.— 22. 

The resolution was then agreed to in its amended form, to 
read, — 

Resolution " Resolved — That Congress shall meet and hold their next h. Journal, 
iSj amend- session at the c[ty of Philadelphia." P' 231 ' 

Senatepro- On the 24th of May, a similar resolution to that adopted by s. Journal, 
oTtne^bill ^ e ^ ouse na( ^ keen presented to the Senate, and its considera- P- 144 - 146 - 
and resolu- tion postponed until the 3d of June. The bill to determine the 
permanent seat of Congress and the government of the United 
States, having been read a second time, on the 1st of June, was, 
on the 2d, committed to a committee, consisting of Messrs. 
Butler, Johnson, Henry, Lee, and Dalton; and, on the same day, id. p. 148, 
the resolution which had passed the House of Representatives, 149, 
concerning the place of the next meeting of Congress, was re- 
ferred to the same committee. On the 7th of June, the com- 
mittee reported the bill; and, on the Sth, the Senate proceeded 
to the consideration of the resolution and the bill, after an in- 
Question effectual motion to postpone the former. The question to con- Id. p. 151> 
toconcurin cur - m ^ e resolution of the house, was then taken by yeas and 
negatived, nays, and decided as follows: — 

Yeas — Messrs. Bassett, Carroll, Elmer, Henry, Langdon, Lee, 
Maclay, Morris, Read, Walker, and Wingate. — 11. 

Nays — Messrs. Butler, Dalton, Ellsworth, Few, Gunn, Haw- 
kins, Johnson, Johnston, Izard, King, Paterson, Schuyler, Strong. 
—15. 

The Senate, therefore, refused to concur in the resolution. 

The report of the committee on the bill to determine the per- 
manent seat of Congress, die. was then taken up. That report 
is as follows : — 



HISTORY OF CONGRESS. 



81 



Chap. I. 



1st Congress. 
2d Session. 

Report of 
committee 
recom- 
mending 1 
bank of 
Potomac. 



Organization of Houses— Rules, &c. 



1790. 



Report re- 
jected. 

Bill consi- 
dered. 



Motion to 
nil blank. 



" 1st. That, in their opinion, taking a combination of circum- s. Journal, 
stances into consideration, the present session is a proper time P* * 
for fixing on the permanent residence of Congress and the go- 
vernment of the United States, and, after due consideration, re~ 
commend that it be placed on the eastern or north-eastern bank 
of the Potomac. 

" Your committee further recommend, that such sums of mo- 
ney as may be offered by the states, for the carrying this bill 
into effect, may be accepted of: then the bill will read thus : — 
" And, to accept of grants of money, or land." Your committee 
were of opinion, that Congress can best determine the term to be 
allowed for completing the buildings. 

" With respect to the temporary residence of Congress, your 
committee, after weighing all circumstances, consider the ground 
of choice to be so narrowed, as to be fully in the view of the 
Senate. 

" Your committee recommend, that the Senate should agree 
with all the other parts of the bill." 

It was then moved, that the opinion of the Senate be taken, 
whether it be expedient, at this time, to determine upon any 
place for the permanent seat of government of the United States ; 
and the question, being taken by yeas and nays, was decided as 
follows: — 

Yeas — Messrs. Butler, Dalton, Few, Gunn, Hawkins, Johnson, 
Johnston, Izard, King, Paterson, Schuyler, and Strong. — 12. 

Nays — Messrs. Bassett, Carroll, Ellsworth, Elmer, Henry, 
Langdon, Lee, Maclay, Morris, Read, Walker, Wingate.— 12. 

The members being equal, the Vice-President gave his casting 
vote in the negative. The report of the committee being thus 
rejected, the consideration of the bill to determine the perma- 
nent seat of Congress, and the government of the United States, 
was resumed. A motion was then made, to fill up the blank in 
the first paragraph of the bill, with the words " the easterly 
bank of the Potomac;" and this question, being taken by yeas and 
nays, was decided as follows;— 

Yeas — Messrs. Butler, Few, Gunn, Hawkins, Johnson, John- 
ston, Izard, King, and Schuyler. — 9. 

Nays — Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, 
Henry, Langdon, Lee, Maclay, Morris, Paterson, Read, Strong, 
Walker, Wingate. — 15. 

An unsuccessful motion was then made to postpone the consi- 
Vol. I.— 11 



: RT OF CONGRESS. 



Cff-U. L : T i :.■ -::■-:: .-•- — 7. : - t: IM 



deration of the bill lor a fortnight. It was then moved to fill 
the blank with the word 9 Baltimore," and this 
taken bv yeas and nays, was decided as follows: — 

— Messrs. Butler, Few, Gunn, Hawkins, Johnson, 
ston, Izard. — 7. 

—Messrs. Basse tt, Carroll, Dalton, Ellsworth, Elmer, 
ry, King, Langdoo, Lee, Maclay. Morris, Paterson, Read, Schuy- 
ler, Strong, Walker, and Wingate.— 3 
Various Another motion was then made to po st pon e the hsU, bat it was §. 

Mp6oDS . decided in the nega tire; as was also a succeeding motion to post- P- 13 

conceroiog ° * 

bin. pone its further consideration till the next session of Congress. A 

motion was then made to reject the first enacting claase of the 
bill, to wit : ■ Be it enacted bj the Senate and House of Repre- 
sentatives of the United States of America, in Congress aiacm- 
bled. That a district of territory, not exceeding ten miles square, 

to be located, as hereafter directed, at , and the same is 

hereby accepted as the permanent seat of Congress and the go- 
: anient of the United States." Tins motion was also decided 
in the negative, as was a motion to adjourn, which 
immediately afterwards. It was then moved to fill the 
the first clause of the bill, with the words, " Wilmington, in the 
state of Delaware.'* This motion was rejected. Ko farther 
question was taken on the bill at that time. 

Boose con- On the 10th of Jane, the House of Representatives proceeded H. Jm 

^^ reso " to the consideration of their resolution to hold the next session at P" 23 * 

Juuou re- 

jected by Philadelphia, to which the Senate had disagreed: the ayes and 
fie ™ !te * noes being taken, and the question being decided by the follow- 
ing vote : — 
Ayes and Ayes — e, Baldwin, Brown, Cadwalader, Carroll, 

Clymer. iLzsimons, Gale, Gihnan, Griffin, Hart- 

ley, Heister. Lee, Madison, jr., Mathews, Moore, Muhlenberg, 
:• ■?•:::: -. 

ilhamson, Wynkoop. 
—32. 

— -■ Ames, Benson, Bloodworth, Boudinoi, Burke, 

rout, Hathorn, Hoger, Hunt- 
ington, Jackson, Lawrance, Leonard, LiTermore, Partridge, Tan 
BeiMBefa ^edgwkk, Sherman, Silvester, Smith, of 

South Carolina, Sturges, Thatcher, Trumbull, Tucker, Wads- 
worth.— 1 
to in moved to commit the resolution to a committee of 

the whole house, and the ayes and noes being taken, the quesr 
tiov ■■ decided M :::■:"• : . — 



HISTORY OF CONGRESS. 83 



CfliP. I. Organization of Houses— Rules, &c. 1790. 



1st congress. Ayes — Messrs. Ames, Benson, Boudinot, Burke, Floyd, Foster, H. Journal, 

' Gerry, Goodhue, Grout, Hathorn, Huger, Huntington, Lawrance, p " 

noe& CS Leonard, Livermore, Partridge, Van Rensselaer, Schureman, 
Sedgwick, Sherman, Silvester, Smith, of Maryland, Smith, of 
South Carolina, Sturges, Thatcher, Trumbull, Tucker, Wads- 
worth. — 28. 

Noes — Messrs. Ashe, Baldwin, Brown, Bloodworth, Cadwala- 
der, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, 
Griffin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, 
Moore, Muhlenberg, Page, Parker, Scott, Seney, Sinnickson, 
Steele, Stone, Sumpter, Vining, White, Williamson, Wynkoop. 
—33. 

A motion was then made to strike out the words, " City of Phi- Id. p. 239. 
ladelphia," and insert, "town of Baltimore." On the following 
day, the question was taken on this motion, by ayes and noes, and 
it was decided as follows : — 

Ayes — Messrs. Ames, Benson, Bloodworth, Burke, Floyd, Fos- 
ter, Gerry, Goodhue, Grout, Hathorn, Huger, Huntington, Jack- 
son, Lawrance, Leonard, Livermore, Partridge, Van Rensselaer, 
Sedgwick, Seney, Sherman, Silvester, Smith, of Maryland, Smith, 
of South Carolina, Stone, Sturges, Sumpter, Thatcher, Trum- 
bull, Tucker, Wads worth. — 31. 

Noes — Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, 
Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Griffin, Hart- 
ley, Heister, Lee, Madison, jr., Mathews, Moore, Muhlenberg, 
Page, Parker, Scott, Sinnickson, Steele, Vining, White, William- 
son, Wynkoop. — 28. 

The question was then taken by ayes and noes, on the resolu- 
tion, as now amended, and was decided as follows: — 

Ayes — Messrs. Ames, Ash, Baldwin, Benson, Bloodworth, id. p. 239, 
Brown, Burke, Cadwalader, Carroll, Clymer, Coles, Coutee, Floyd, 240, 
Foster, Gale, Gerry, Goodhue, Griffin, Grout, Hartley, Hathorn, 
Heister, Huger, Huntington, Jackson, Lawrance, Leonard, Li- 
vermore, Madison, jr., Mathews, Moore, Muhlenberg, Page, Par- 
ker, Partridge, Van Rensselaer, Scott, Sedgwick, Seney, Sher- 
man, Silvester, Sinnickson, Smith, of Maryland, Smith, of South 
Carolina, Steele, Stone, Sturges, Sumpter, Thatcher, Trumbull, 
Vining, Wadsworth, White. — 53. 

Noes — Messrs. Fitzsimons, Gilman, Schureman, Tucker, Wil- 
liamson, Wynkoop. — 6. 
Senate On the 14th of June, the resolution was taken up by the Se- S. Journal, 

postpones na j- e when a motion was made to postpone the consideration to p * ' 
resolution. , . . . 

this day fortnight; and the question being taken by yeas and 

nays, it was decided as follows: — ■ 



84 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1790. 



istcongress. Yeas — Messrs. Butler, Dalton, Ellsworth, Few, Gunn, Haw- 

" ~ — — kins, Johnson, Johnston, Izard, King, Paterson, Schuyler, Strong, 

—13. 

Nays — Messrs. Bassett, Carroll, Elmer, Henry, Langdon, Lee, 

Maclay, Morris, Read, Walker, Wingate. — 11. 

Senate According to this order, the Senate proceeded on the 28th of S. Journal, 

considers j une { Q fak e up ^ e resolution for consideration, when a motion p ' 

bill to de- r , ■ - . 

terminethe was made, and agreed to, to postpone the consideration thereof, 

rcaTTc 61 * to ta ^ e U P ^ e ^ to determine tne permanent seat of Congress 

and the government of the United States. At this stage, the 

Senate consented to receive the representations of John O'Don- 

nell, in behalf of himself and others, citizens of Baltimore town, 

stating that town to be exceedingly commodious and eligible for 

the permanent seat of government of the United States; and 

Represen- the representation of Robert Peters, in behalf of himself and 

fromBalti- otner freeholders, and other inhabitants of George Town, to 

more and the same purpose. A motion was then made to till the blank in 

Townf tne first paragraph with the word "Baltimore," and, the question 

being taken by yeas and nays, it was determined as follows: — 

Yeas — Messrs. Butler, Ellsworth, Few, Foster, Johnson, John- 
ston, Izard, King, Schuyler, Stanton. — 10. 

Nays — Messrs. Bassett, Carroll, Dalton, Elmer, Hawkins, Hen- 
ry, Langdon, Lee, Maclay, Morris, Paterson, Read, Strong, Wal- 
ker, Wingate. — 15. 
Senate fills It was then moved, after the word " directed," in the fifth line 
up blank. Q f ^ e 7^ ill, to strike out to the end of the clause, and insert " on 
the river Potomac, at some place between the mouths of the 
Eastern Branch and Connogochegue, be, and the same is hereby 
accepted for the permanent seat of the government of the United 
States: Provided, nevertheless, That the operation of the laws of 
the state, within such district, shall not be affected by this ac- 
ceptance, until the time fixed for the removal of the government 
thereto, and until Congress shall otherwise by law provide." 
And, the question being taken on this motion by yeas and nays, 
it was decided as follows : — 

Yeas — Messrs. Bassett, Butler, Carroll, Elmer, Few, Foster, 
Hawkins, Henry, Johnston, Izard, Langdon, Lee, Maclay, Mor- 
ris, Read, Walker.— 16. 

Nays — Messrs. Dalton, Ellsworth, Johnson, King, Paterson, 
Schuyler, Stanton, Strong, Wingate.— 9. 
Motions to It was then moved to amend the bill to read as follows : M- p- 167, 
amend bill. a f ter the word .^authorized," in the second clause, strike out 168 " 
to the end of the said clause, and insert, u to appoint, and. 



HISTORY OF CONGRESS. 85 



Chap. I. Organization of Houses— Rules, &c. 1790. 



1st congress, by supplying vacancies happening from refusals to act, or other 

2d Session. , ' . . rr b _ 

causes, to keep in appointment, as long as may be necessary, 

Motions to three commissioners, who, or any two of whom, shall, under the 

Q Til (^13 ("If 

direction of the President, survey, and, by proper metes and 
bounds, define and limit, a district or territory, under the limita- 
tions above mentioned; and the district, so defined, limited and 
located, shall be deemed the district accepted by this act for the 
permanent seat of the government of the United States." This 
motion was agreed to. 

It was then moved to subjoin to the amendment last agreed to, 
as follows: — "And be it enacted, that the said commissioners, 
or any two of them, shall have power to purchase or accept such 
quantity of land on the eastern side of the said river, within the 
said district, as the President shall deem proper, for the use of 
the United States; and, according to such plans as the Presi- 
dent shall approve, the said commissioners, or any two of them, 
shall, prior to the first Monday in December, in the year one 
thousand eight hundred, provide suitable buildings for the ac- 
commodation of Congress, and of the President, and for the 
public offices of the government of the United States." 

A motion was then made to amend this amendment, so as that 
it should read, " prior to the first Monday in December, one 
thousand seven hundred and ninety-four;" and the question on 
this motion, the yeas and nays being taken, was decided as fol- 
lows: — 

Yeas — Messrs. Butler, Few, Foster, Johnson, Johnston, Izard, 
King, Schuyler, Stanton. — 9. 

Nays — Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, 
Hawkins, Henry, Langdon, Lee, Maclay, Morris, Paterson, 
Read, Strong, Walker, Wingate. — 16. 

A motion was then made to amend the proposed amendment, 
so as that it should read, " prior to the first Monday in Decem- 
ber, one thousand seven hundred and ninety-eight, which mo- 
tion also was negatived, the yeas and nays being called, as fol- 
lows: — 

Yeas — Messrs. Butler, Few, Johnson, Johnston, Izard, King, See origi- 
Schuyler, Stanton.— 8. nutes^* 

Nays — Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, [The print- 
Foster, Hawkins, Henry, Langdon, Lee, Maclay, Morris, Pa- f^™™? 1 
terson, Read, Strong, Walker, Wingate. — 17. 

The amendment, as it originally stood, was then agreed to. 

It was then moved, to strike out the third, fourth, and fifth 
clauses in the bill, and to insert the following: — "And be it en- 



86 HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses— Rules, &c. 1790. 



ipcongress. acted, that, for defraying the expense of such purchases and 
" ™" buildings, the President of the United States be authorized and 

Motions to requested to accept grants of money, and cause to be borrowed 
amend. ^ •,. . , , . , , „ 

a sum not exceeding one hundred thousand dollars, at an inte- 
rest not exceeding six^?er cent.; for the payment of which, and 
repayment of the principal within twenty years, so much of the 
duties on imposts and tonnage as may be sufficient, is hereby 
pledged and appropriated." And the question on this motion 
being taken by yeas and nays, was decided as follows: — 

Yeas — Messrs. Bassett, Butler, Carroll, Few, Hawkins, Hen- 
ry, Johnston, Izard, Langdon, Lee, Maclay, Morris, Read, Stan- 
ton, Walker. — 15. 

Nays— Messrs. Dalton, Ellsworth, Elmer, Foster, Johnson, 
King, Paterson, Schuyler, Strong, Wingate. — 10. 

It was then moved further to amend the bill, by adding to the 
clause last agreed to, the following: — 

* And be it enacted, that, on the first Monday in December, in 
the year one thousand eight hundred, the seat of the government 
of the United States shall, by virtue of this act, be transferred 
to the district and place aforesaid: and all offices attached to the 
said seat of government, shall, accordingly, be removed thereto 
by their respective holders; and shall, after the said day, cease 
to be exercised elsewhere: and the necessary expense of such re- 
moval shall be defrayed out of the duties on imposts and ton- 
nage, of which a sufficient sum is hereby appropriated." 

The question on this motion being taken by yeas and nays, it 
was decided as follows: — 

Yeas — Messrs. Bassett, Butler, Carroll, Hawkins, Henry, s# j ourna ^ 
Johnston, Izard, Langdon, Lee, Maclay, Morris, Read, Walk- p-168,169. 
er.— 13. 

Nays — Messrs. Dalton, Ellsworth, Elmer, Few, Foster, John- 
son, King, Paterson, Schuyler, Stanton, Strong, Wingate. — 12. 

The last paragraph of the bill was then taken up for conside- 
ration; to wit: — 

"And be it further enacted, by the authority aforesaid, that 
the temporary residence of Congress shall be, and continue in 
the till the year , and no longer." 

It was then moved to fill the first blank with the words " city 
of New York:" and the yeas and nays being taken, the question 
was decided as follows: — 

Yeas — Messrs. Butler, Dalton, Ellsworth, Few, Foster, John- 
son, Johnston, Izard, King, Paterson, Schuyler, Stanton, Strong, 
—13. 



HISTORY OF CONGRESS. 87 



Chap. I. Organization of Houses— Rules, &c. 1790. 



1st congress. Nays — Messrs. Bassett, Carroll, Elmer, Hawkins, Henry, 

"■ Langdon, Lee, Maclay, Morris, Read, Walker, Wingate. — 12. 

Motions to The consideration of the bill having been resumed on the 
ameno. following day, it was moved, to fill the second blank in the pa- 
ragraph with the words "one thousand eight hundred:" and this 
question, the yeas and nays being called, was decided as fol- 
lows: — 

Yeas — Messrs. Bassett, Carroll, Ellsworth, Foster, Johnson, 
Johnston, Izard, King, Langdon, Lee, Paterson, Schuyler, Stan* 
ton.— 13. 

Nays — Messrs. Butler, Dalton, Elmer, Few, Gunn, Henry, 
Maclay, Morris, Read, Strong, Walker, Wingate. — 12. 

The question was then taken on the paragragh, as amended 
by the filling up of the blanks: and the yeas and nays being taken, 
it was decided as follows: — 

Yeas — Messrs. Ellsworth, Foster, Johnson, Johnston, Izard, 
King, Paterson, Schuyler, Stanton. — 9. 

Nays — Messrs. Bassett, Butler, Carroll, Dalton, Elmer, Few, 
Gunn, Henry, Langdon, Lee, Maclay, Morris, Read, Strong, 
Walker, Wingate. — 16. 

This paragraph having thus been rejected, it was moved to 
subjoin the following, in lieu of that which had been struck 
out: — 

" And be it enacted, that, prior to the first Monday in Decem- 
ber next, all offices attached to the seat of the government of the 
United States, shall be removed to, and, until the said first Mon- 
day in December, in the year one thousand eight hundred, shall 
remain at the city of Philadelphia, in the state of Pennsylvania: s. Journal* 
at which place the two houses do hereby resolve, that the session P* 170 ' 
of Congress next ensuing the present shall be held. " 

And a motion was then made to amend this motion, so as to 
make the paragraph read as follows : — 

" And be it enacted, That Congress shall continue to hold their 
sessions in the city of New York, until the first Monday in De- 
cember, in the year one thousand seven hundred and ninety-four; 
and from and after the said first Monday in December, one thou- 
sand seven hundred and ninety-four, Congress shall hold their 
sessions in the city of Philadelphia, and shall continue there to 
hold the same, until the first Monday of December, one thousand 
eight hundred." 

The yeas and nays being called on the last motion, the ques- 
tion was decided as follows : — 

Yeas — Messrs. Butler, Dalton, Ellsworth, Few, Foster, John- 



Q8 HISTORY OF CONGRESS. 



CttAP. I. Organization of Houses— Eules, &c. 1790. 



istcongress. son, Johnston, Izard, King, Paterson, Schuyler, Stanton, Strong. 

I= - —13. 
Motions to Nam — Messrs. Bassett, Carroll, Elmer, Gunn, Hawkins, Henrv, 
Langdon, Lee, Maclay, Morris, Reed, Walker, Wingate. — 13. 

The numbers being equal, the Vice-President decided the 
question in the negative. 

A further motion was then made to amend the proposed amend- 
ment, so as to read as follows : — 

"And be it enacted, That Congress shall continue to hold 
their sessions in the city of New York until the first Monday 
in December, in the year one thousand seven hundred and ninety- 
four : and from and after the said first Monday in December, one 
thousand seven hundred and ninety-four, Congress shall hold their 
sessions in the town of Baltimore, and shall continue there to hold 
the same until the first Monday of December, one thousand eight 
hundred." 

The yeas and nays being called on this question, it was de- 
cided as follows : — 

Yeas — Messrs. Butler, Ellsworth, Few, Foster, Johnson, John- 
ston, Izard, King, Schuyler, Stanton. — 10. 

JVays — Messrs. Bassett, Carroll, Dalton, Elmer, Gunn, Haw- 
kins, Henry, Langdon, Lee, Maclay, Morris, Paterson, Read, 
Strong, Walker, Wingate.— 16. 

It was then moved to amend the proposed amendment, as fol- 
lows : — 

'• And be it enacted by the authority aforesaid, That Congress 
shall continue to hold their sessions in the city of New York, till 
the first Monday of December, one thousand seven hundred and 
ninety-two ; and from and after that period, to adjourn to the 
city of Philadelphia, where Congress shall hold their sessions till 
the first Monday in December, one thousand eight hundred, and 
no longer." 

The question being taken on this motion, by yeas and nays, it 
was decided as follows : — 

Yeas — Messrs. Butler, Dalton, Ellsworth, Few, Foster, John- 
son, Johnston, Izard, King, Paterson, Schuyler, Stanton, Strong. 
—13. 

fs — Messrs. Bassett, Carroll, Elmer, Gunn, Hawkins, Hen- 
ry, Langdon, Lee, Maclay, Morris, Read, Walker, Wingate. — 13. 

The numbers being equal, the Vice-President decided the 
question in the negative. 

The question was then taken on the original proposition to 
amend, and the yeas and nays being taken, it was decided as fol- 
lows : — 



HISTORY OF CONGRESS. 89 



CHAP. I. Organization of Houses— Rules, &c. 1790. 



1st congress. Yeas — Messrs. Bassett, Carroll, Elmer, Gunn, Hawkins, Henry, 

2d Session. ' . ' ' ' J 

Langdon, Lee, Maclay, Morris, Read, Walker, Wingale. — 13. 
Motions to j\fay S — Messrs. Butler, Dalton, Ellsworth, Few, Foster, Johnson, 
Johnston, Izard, King, Paterson, Schuyler, Stanton, Strong. — 13. 

The Vice-President being again required to vote, in conse- 
quence of the equal division of the Senate, decided this question 
in the negative. 

A motion was then made that the bill receive its third reading, 
but a subsequent motion to adjourn having been successful, the 
further consideration of the bill was postponed. 

On the 30th of June, the bill was again taken up, and a mo- S. Journal, 
tion being made to reconsider the last paragraph of the bill, which p ' ' 
was yesterday struck out, it was decided in the affirmative. It 
was then moved to amend the paragraph, to read as follows: — 

" And be it enacted, That, prior to the first Monday in De- 
cember next, all offices attached to the seat of the government of 
the United States, shall be removed to, and, until the said first 
Monday in December, in the year one thousand eight hundred, 
shall remain at the city of Philadelphia, in the state of Pennsyl- 
vania, at which place the session of Congress, next ensuing the 
present, shall be held." 

And a motion was then made to amend this motion to read as 
follows : — 

" And be it enacted, That Congress shall continue to hold their 
sessions in the city of New York, until the first Monday in De- 
cember, in the year one thousand seven hundred and ninety-four; 
and, from and after the said first Monday of December, one thou- 
sand seven hundred and ninety-four, Congress shall hold their ses- 
sions in the city of Philadelphia, and shall continue there to hold 
the same, until the first Monday of December, one thousand 
eight hundred." 

This last motion to amend was then negatived. It was then Id. p. 172. 
moved, to amend the original proposition so as to read — 

" And be it enacted, That Congress shall continue to hold their 
sessions in the city of New York, until the first Monday in De- 
cember, one thousand seven hundred and ninety-two;. and, from 
and after the said first Monday of December, one thousand seven 
hundred and ninety-two, Congress shall hold their sessions in 
the city of Philadelphia, and shall continue there to hold the 
same until the first Monday of December, one thousand eight 
hundred." 

And this motion was also decided in the negative. The ques- 
Vol. I.— 12 



90 HISTORY OF CONGRESS. 



Ca_u. I. Organization of Houses— Roles, <kc. 1790. 



tioQ was then taken on the original proposition to amend, and 
the yeas and nays being called, it was decided as follows: — 
ions to Yeas — Messrs. Bassett, Butler, Carroll, Elmer, Gunn, Haw- 
kins, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, 
Wingate. — 14. 

JVays — Messrs. Dalton, Ellsworth, Few, Foster, Johnson, John- 
ston, Izard, King, Paterson, Schuyler, Stanton, Strong. — 12. 

Thus, by the accession of Mr. Butler, of South Carolina, to 
the majority, the vote of the preceding day was reversed. 

A successful motion was then made to reconsider the following 
clause of the bill agreed to on yesterday : — 

i; And cause to be borrowed a sum not exceeding one hundred 
thousand dollars, at an interest not exceeding six per cent.; for 
payment of which, and repayment of the principal within twen- 
ty years, so much of the duties on imposts and tonnage as may 
be sufficient, is hereby pledged and appropriated." 

And it was then moved to expunge the whole paragraph. The 
question being taken by yeas and nays, it was decided as fol- 
lows : — 

Yeas — Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, 
Foster, Henry, Johnson, King, Langdon, Lee, Maclay, Morris, 
Paterson, Read, Schuyler, Strong, Walker, Wingate. — 19. 

— Messrs. Butler, Few, Gunn, Hawkins, Johnston, Izard, 
Stanton. — 7. 

The question " Shall the bill pass to the third reading I" was 
then taken, and, the yeas and nays being called, it was decided 
as follows : — 

— Messrs. Bassett, Butler, Carroll, Elmer, Few, Gunn, 
Hawkins, Henry, Johnston, Langdon, Lee, Maclay, Morris, 
Read, Walker, Wingate. — 16. 

Nays — Messrs. Dalton, Ellsworth, Foster, Johnson, Izard, 

King, Paterson, Schuyler, Stanton, Strong. — 10. 

Bill order- The bill was accordingly ordered to be engrossed. And, on s. Journal, 

ed to be t ne following day, the Senate proceeded to the third reading of P* 173, 

;l!Tr" the bill, when an unsuccessful motion was made to amend the 
Bad 
reading-. bill by striking out, in the first clause, the words " between the 

mouths of the eastern branch and Connogochegue," for the pur- 
pose of inserting the words " within thirty miles of Hancock 
town." 

raa then moved to strike out the words from the fifth clause 
of the bill. •• the first Monday of December next/' and to insert. 
•• the first Monday in May next." The yeas and nays being 
called on this motion, the question was decided as follows: — 



HISTORY OF CONGRESS. 91 

CHAP. I. Organization of Houses— Rules, &c. 1790. 



1st congress. Yeas — Messrs. Butler, Dalton, Ellsworth, Few, Foster, John- 

1 — '— son, Johnston, Izard, King, Paterson, Schuyler, Stanton, Strong. 

—13. 

Nays — Messrs. Bassett, Carroll, Elmer, Gunn, Hawkins, Hen- 
ry, Langdon, Lee, Maclay, Morris, Read, Walker, Wingate. 
—13. 

The members being equal, the Vice-President recorded his 
vote in the negative. 

An unsuccessful motion was then made to restore the clause 
authorizing a loan of one hundred thousand dollars, &c. And 
Passage of the question on the passage of the bill being taken by yeas and s - Journal, 
bill. nays, was decided as follows : — 

Yeas — Messrs. Bassett, Butler, Carroll, Elmer, Gunn, Haw- 
kins, Henry, Johnston, Langdon, Lee, Maelay, Morris, Read, 
Walker.— 14. 

Nays — Messrs. Dalton, Ellsworth, Few, Foster, Johnson, 
Izard, King, Paterson, Schuyler, Stanton, Strong, Wingate. — 12. 
Title. It was then ordered that the title of the bill be, " An act for 

establishing the temporary and permanent seat of the government 
' of the United States." 
First and On the 2d of July, the bill was received in the House of Re- H. Journal, 
second ^ presentatives, and having received its first and second reading, p * ^ 
house. was committed to a committee of the whole house for the follow- 
ing Tuesday. The committee had the bill under consideration 
on the 6th, 7th, and 8th of July; and on the last named day, it * 
Motions to was reported to the house without amendment. On the 9th, the Id. p. 258. 
amend. bill was taken up for consideration, when a motion was made to 
strike out the words, " Potomac, at some place between the 
mouths of the eastern branch, and Conogochegue," and insert 
the words " Delaware, at a place not more than eight miles 
above, and sixty miles below the falls thereof." The question 
being taken by ayes and noes, it was decided as follows: — 
Ayes and Jlyes— -Messrs. Ames, Benson, Boudinot, Floyd, Foster, Ger- 
ry, Goodhue, Grout, Hathorn, Huntington, Lawrance, Leonard, 
Livermore, Partridge, Van Rensselaer, Schureman, Sedgwick, 
Sherman, Silvester, Sturges, Trumbull, Wadsworth. — 22. 

Noes — Messrs. Ashe, Baldwin, Blood worth, Brown, Burke, 
Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, 
Gilman, Griffin, Hartley, Heister, Jackson, Lee, Madison, jr., 
Mathews, Moore, Muhlenberg, Page, Parker, Scott, Seney, Se- 
vier, Sinnickson, Smith, of Maryland, Smith, of South Carolina, 
Steele, Stone, Sumpter, Thatcher, Tucker, Vining, White, Wil- 
liamson, Wynkoop. — 39. 



noes. 



92 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &e. 1790. 



1st congress. It was then moved to strike out the same words, and insert, H. Journal, 



2d Session. 



259. 



in lieu thereof, the words, " in the state of Pennsylvania, in- P* 

Motions to eluding Germantown." And the question being; taken by ayes 
amend. , & j juj rn 

and noes, it was decided as follows: — - 

Jiyes — Messrs. Ames, Benson, Boudinot, Floyd, Foster, Ger- 
ry, Gilman, Goodhue, Grout, Hathorn, Huntington, Lawrance, 
Leonard, Livermore, Partridge, Van Rensselaer, Schureman, 
Sedgwick, Sherman, Silvester, Sturges, Wadsworth. — 22. \ 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, 
Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, 
Griffin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, 
Moore, Muhlenberg, Page, Parker, Scott, Seney, Sevier, Sin- 
nickson, Smith, of Maryland, Smith, of South Carolina, Steele, 
Stone, Sumpter, Thatcher, Trumbull, Tucker, Vining, White, 
Williamson, Wynkoop. — 39. 

A motion was then made to strike out the same words, and 
insert, in lieu thereof, the words, " between the rivers Susque- 
hannah and Potomac, at the most healthy and convenient place; 
having due regard to the navigation of the Atlantic Ocean, and the 
situation of the western territory." 

The question being taken on this motion, it was decided as 
follows: — 

Jiyes— Messrs. Ames, Benson, Boudinot, Floyd, Foster, Ger- Id. p. 260. 
ry, Goodhue, Grout, Hathorn, Huntington, Lawrance, Leonard, 
Livermore, Partridge, Van Rensselaer, Schureman, Sedgwick, 
Seney, Silvester, Smith, of Maryland, Smith, of South Carolina, 
Sturges, Thatcher, Trumbull, Wadsworth. — 25. 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, 
Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, 
Gilman, Griffin, Hartley, Heister, Jackson, Lee, Madison, jr., 
Mathews, Moore, Muhlenberg, Page, Parker, Scott, Sevier, 
Sherman, Sinnickson, Steele, Stone, Sumpter, Tucker, Vining, 
White, Williamson, Wynkoop. — 36. 

Another motion was then made to strike out the same words, 
and to insert, in lieu thereof, the words, " in the state of Mary- 
land, including the town of Baltimore." And the question be- 
ing taken by ayes and noes, on the first branch of the motion, 
namely, to strike out the words " on the river Potomac," &c, a 
division of the question having been demanded, it was decided 
as follows; — 

Ayes — Messrs. Ames, Benson, Boudinot, Floyd, Foster, Gerry, M> P- 26°» 
Goodhue, Grout, Hathorn, Huntington, Lawrance, Leonard, Li- 
vermore, Partridge, Van Rensselaer, Schureman, Sedgwick, Se- 



HISTORY OF CONGRESS. 93 



Chap. I. Organization of Houses— Rules, &x. 1790. 



1st congress. ne y, Sherman, Silvester, Smith, of Maryland, Smith, of South 

2d Session. J J 

Carolina, Sturges, Thatcher, Trumbull, Wadsworth. — 26. 
Motions to jy oes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Cadwala- 
der, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, 
Griffin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, 
Moore, Muhlenberg, Page, Parker, Scott, Sevier, Sinnickson, 
Steele, Stone, Sumpter, Tucker, Vining, White, Williamson, 
Wynkoop. — 34. 

It was then moved to amend the bill by striking out the words 
" purchase, or;" and the question being taken by ayes and noes, 
it was decided as follows : — 

Ay es — Messrs. Ames, Benson, Boudinot, Floyd, Foster, Gerry, 
Goodhue, Grout, Hathorn, Huntington, Lawrance, Leonard, Li- 
vermore, Partridge, Van Rensselaer, Schureman, Sedgwick, Se- 
ney, Sherman, Silvester, Smith, of Maryland, Smith, of South 
Carolina, Sturges, Thatcher, Trumbull, Wadsworth. — 26. 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, 
Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, 
Gilman, Griffin, Hartley, Heister, Jackson, Lee, Madison, jr., 
Mathews, Moore, Muhlenberg, Page, Parker, Scott, Sevier, Sin- 
nickson, Steele, Stone, Sumpter, Tucker, Vining, White, Wil- 
liamson, Wynkoop. — 35. 

A motion was then made to amend the bill, by inserting, after h. Journal, 
the word "purchase," in the third section, the words " with such P- 261 > 262 « 
money only as may be granted to the President of the United 
States, in the manner hereinafter provided." And the question 
being taken on this motion by ayes and noes, it was decided as 
follows : — 

Ayes — Messrs. Ames, Benson, Boudinot, Burke, Floyd, Foster, 
Gerry, Grout, Hathorn, Huntington, Lawrance, Leonard, Liver- 
more, Partridge, Van Rensselaer, Schureman, Sedgwick, Seney, 
Sherman, Silvester, Smith, of Maryland, Smith, of South Caro- 
lina, Sturges, Thatcher, Trumbull, Wadsworth. — 26. 

Noes — Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, 
Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Griffin, Hart- 
ley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muh- 
lenberg, Page, Parker, Scott, Sevier, Sinnickson, Steele, Stone, 
Sumpter, Tucker, Vining, White, Williamson, Wynkoop. — 33. 

It was moved to amend the bill, by adding to the end of the 
third section the words following : — 

" Provided, That the purchases and buildings aforesaid shall 
not exceed the sum of — — dollars," 



94 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1790. 



ist congress. The question on this motion being taken by ayes and noes, it 

2d Session. * , j r u 

was decided as iollows : — 

Motions to Ayes — Messrs. Ames, Benson, Boudinot, Burke, Floyd, Foster, H. Journal, 
amend. Gerry, Grout, Hathorn, Huntington, Lawrance, Leonard, Liver- p * " 
more, Van Rensselaer, Schureman, Sedgwick, Seney, Sherman, 
Silvester, Smith, of Maryland, Smith, of South Carolina, Sturges, 
Thatcher, Trumbull, Wadsworth.— 26. 

Noes — Messrs. Ashe, Brown, Cadwalader, Carroll, Clymer, 
Coles, Coutee, Fitzsimons, Gale, Gilman, Griffin, Hartley, Heister, 
Jackson, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, 
Parker, Scott, Sevier, Sinnickson, Steele, Stone, Sumpter, Tuc- 
ker, Vining, White, Williamson, Wynkoop. — 32. 

It was then moved to amend the bill, by striking out the fifth 
section, which reads as follows: — 

" And be it enacted, That, prior to the first Monday in De- 
cember next, all offices attached to the seat of the government 
of the United States, shall be removed to, and, until the said first 
Monday in December, in the year one thousand eight hundred, 
shall remain at the city of Philadelphia, in the state of Penn- 
sylvania; at which place the session of Congress, next ensuing 
the present, shall be held." 

And the question on this motion being taken by ayes and noes, 
it was decided as follows : — 

Ayes — Messrs. Ames, Benson, Bloodworth, Boudinot, Burke, 
Floyd, Foster, Gerry, Grout, Hathorn, Huntington, Lawrance, 
Leonard, Livermore, Partridge, Van Rensselaer, Schureman, 
Sedgwick, Seney, Sherman, Silvester, Smith, of Maryland, Smith, 
of South Carolina, Sturges, Thatcher, Trumbull, Tucker, Wads- 
worth. — 28. 

Noes — Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, 
Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Goodhue, Grif- 
fin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, 
Muhlenberg, Page, Parker, Scott, Sevier, Sinnickson, Steele, 
Stone, Sumpter, Vining, White, Williamson, Wynkoop. — 33. 

It was then moved to amend the bill by striking out, in the id. p. 263, 
fifth section, the words " December next," and inserting in lieu 
thereof, the words " May, one thousand seven hundred and nine- 
ty-two." And the question being taken on this motion by ayes 
and noes, it was decided as follows : — 

Ayes — Messrs. Ames, Benson, Bloodworth, Boudinot, Burke, 
Floyd, Foster, Gerry, Grout, Hathorn, Huntington, Lawrance, 
Leonard, Livermore, Partridge, Van Rensselaer, Schureman, 
Sedgwick, Seney, Sherman, Silvester, Smith, of Maryland, Smith 



IIISTOIiY OF CONGRESS. 95 



Chap. I. Organization of [louses— Rules, &c. 1790. 



istcongress. f South Carolina, Sturges, Thatcher, Trumbull, Tucker, Wads- 
et! Session. w ° ' ' ' ' 

worth.— 28. 

Motions to Noes — Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, Cly- 
mer, Coles, Coutee, Fitzsimons, Gale, Gilman, Griffin, Hartley, 
Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muhlen- 
berg, Page, Parker, Scott, Sevier, Sinnickson, Steele, Stone, 
Sumpter, Vining, White, Williamson, Wynkoop. — 32. 

It was then moved to strike out the word " December," and H. Journal, 
insert the word " May." And the question on this motion being P- 264 > 265 « 
taken by ayes and noes, it was decided as follows : — 

Ayes — Messrs. Ames, Benson, Bloodworth, Boudinot, Burke, 
Floyd, Foster, Gerry, Grout, Hathorn, Huntington, Lawrance, 
Leonard, Livermore, Partridge, Van Rensselaer, Schureman, 
Sedgwick, Seney, Sherman, Silvester, Smith, of Maryland, Smith, 
of South Carolina, Sturges, Thatcher, Trumbull, Tucker, Wads- 
worth. — 28. 

Noes — Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, 
Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Goodhue, Grif- 
fin, Hartley, Heister, Jackson, Lee, Madison, jr. , Mathews, Moore, 
Muhlenberg, Page, Parker, Scott, Sevier, Sinnickson, Steele, 
Stone, Sumpter, Vining, White, Williamson, Wynkoop. — -33. 

A motion was then made to strike out the words " at which 
place the session of Congress next ensuing the present shall be 
held." And the question being taken by ayes and noes, it was 
decided as follows: — 

Ayes — Messrs. Ames, Benson, Boudinot, Burke, Floyd, Foster, 
Gerry, Grout, Hathorn, Huntington, Lawrance, Leonard, Liver- 
more, Partridge, Van Rensselaer, Sedgwick, Seney, Sherman, 
Silvester, Smith, of Maryland, Smith, of South Carolina, Sturges, 
Thatcher, Trumbull, Tucker, Wadsworth.— 26. 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Cadwalader, 
Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Grif- 
fin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, 
Muhlenberg, Page, Parker, Scott, Sevier, Sinnickson, Steele, 
Stone, Sumpter, Vining, White, Williamson, Wynkoop. — 33. 

It was then moved to amend the bill by adding to the fifth 
section the following proviso : — 

" Provided, nevertheless, That whenever the President of the 
United States shall receive authentic information that the pub- 
lic buildings aforesaid are so far completed as to be fit for the 
reception of both houses of Congress, all offices attached to the 
seat of government shall be removed thereto, any thing herein 
contained to the contrary notwithstanding." 



96 HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses— Rules, &c. 1790. 



1st congress. And the question on this motion being taken by ayes and noes, 

2d Session. ** & •* ^ 

it was decided as follows : — 

Motions to ./fyes — Messrs. Benson, Bloodworth, Floyd, Gerry, Grout, Law- H. Journal, 
amencL ranee, Van Rensselaer, Seney, Silvester, Smith, of Maryland, P- 265 > 266 - 
Smith, of South Carolina, Thatcher, Tucker.— 13. 

Noes — Messrs. Ames, Ashe, Baldwin, Boudinot, Brown, Burke, 
Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Foster, 
Gale, Gilman, Goodhue, Griffin, Hartley, Hathorn, Heister, Hun- 
tington, Jackson, Lee, Leonard, Livermore, Madison, jr., Ma- 
thews, Moore, Muhlenberg, Page, Parker, Partridge, Schure- 
man, Scott, Sedgwick, Sevier, Sherman, Sinnickson, Steele, 
Stone, Sturges, Sumpter, Trumbull, Vining, Wadsworth, White, 
Williamson, Wynkoop. — 48. 
Motion as Motions were then successively made that the bill be read a id. p. 266, 
readuie third time on Monday and to-morrow, both of which were nega- * 

tived, as was also a motion to adjourn, and the bill was ordered 

Passage of to receive its third reading now. On the question that the bill 

biu * do pass, the ayes and noes being taken, it was decided as follows: — 

Ayes and Ayes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Cadwala- 

noe& der, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Griffin, 

Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, 

Muhlenberg, Page, Parker, Scott, Sevier, Sinnickson, Steele, 

Stone, Sumpter, Vining, White, Williamson, Wynkoop. — 32. 

Noes — Messrs. Ames, Benson, Boudinot, Burke, Floyd, Foster, 
Gerry, Gilman, Goodhue, Grout, Hathorn, Huntington, Law- 
rance, Leonard, Livermore, Partridge, Van Rensselaer, Schure- 
man, Sedgwick, Seney, Sherman, Silvester, Smith, of Maryland, 
Smith, of South Carolina, Sturges, Thatcher, Trumbull, Tucker, 
Wadsworth.— 29. 
President The approval of the President was notified to the Senate on s. Journal, 

approves the 16th f j u]y# ^ motion was made, on the 7th of August, for P- 181 - 

motion to J ° 

repeal. leave to bring in a bill to repeal the fifth section of this act, but Id. p. 204. 

it proved unsuccessful. 

House On the 8th of June, the House of Representatives appointed h. Journal, 

committee Messrs. Wadsworth, Carroll, and Hartlev, a committee to join P- 235 - 
on adjourn- m . . J 

ment. with such committee as the Senate might appoint, to report a time 

•for the adjournment of the session, such business as might be con- 
veniently postponed, and such as it was important for Congress to 
Senate act upon. The Senate, on the 21st of June, appointed Messrs. s. Journal, 
committee, strong, Bassett, and Walker, to be a committee, on their part. P" 163 - 
Report. On the 28th of June, a report was made to both houses, by this id. p. 166. 
committee, which was laid on the table for consideration. The 
report was taken up by the House on the 15th of July, and the H. Journal, 
following resolution was adopted : — P* 251, 



HISTORY OF CONGRESS. 97 



CHAP. I. Organization of Houses— Rules, &c. 1790 



1st congress. " Resolved — That, in the opinion of this house, the business now h. Journal, 

1 C *'T' depending before the two houses may be finished by Tuesday, the P* rit 
Resolution. \ . b ,.,....,, . , A i * 

27th instant, and that it will be convenient and proper that an 

adjournment of the present session of Congress should take place 

on that day." 

Senate lays On the 16th, the Senate laid this resolution on the table, where S. Journal, 
on table." ft was su ff ere( i to remain ; and, on the 6th of August, the House p ' 181, 

House passed another resolution, fixing on the 10th, as the day of ad- H. Journal, 
Se^day 10 " journment. The Senate laid this resolution also on the table. p * 
Senate lays ® n tne following day, the Senate concurred in this resolution, s. Journal, 
on table— On the 10th, the Senate repealed this resolution, and fixed on p * 

the 12th as the day of adjournment. The House concurring in id. p. 207. 
changed, this resolution, the usual interchange of messages took place, and 

Vote of on the 12th of August, the Senate having resolved a vote of id. p. 209* 
the'city of tnanks " to the corporation of the city of New York, for the ele- 
New York, gant and convenient accommodations provided for Congress," the 

Adjourn- two houses adjourned to meet at Philadelphia, on the first Mon- 
day in December next. 



THIRD SESSION. 
1st congress. On Monday, the 6th of December, the two houses reassembled 1790-91. 

3d Session. J 



at the city of Philadelphia. At this session, the whole of the 

Congress J r 

assemble at thirteen states were represented. 

Philadel- 'p^e Senate having assembled, it was ascertained that the 
Vice-President and thirteen senators, to wit : — Messrs. Langdon, 

Quorum in Wingate, Dalton, Ellsworth, King, Maclay, Morris, Bassett, John- S. Journal, 
ston, Hawkins, Butler, Izard, and Few, all members at the last p * 
session, were present. The Senate then received the credentials 
of Philemon Dickinson, of New Jersey, in the place of Governor 
Paterson, resigned ; and of James Monroe, of Virginia, in the 
place of William Grayson, deceased. 

On the first day, a quorum of members did not appear in the 
House ; but on Tuesday, the 7th, a sufficient number were pre- 
sent, to wit: — Messrs. Foster, GHman, Livermore, of New Hamp- 
shire ; Ames, Goodhue, Thatcher, of Massachusetts ; Huntington, 
Sherman, Sturges, of Connecticut ; Benson, Floyd, Lawrance, Sil- 
vester, of New York ; Boudinot, Cadwalader, Schureman, of New 
Jersey ; Clymer, Fitzsimons, Heister, F. A. Muhlenberg, P. Mub- 
Vol. I. — 13 



98 HISTORY OF CONGRESS. 



CHAP. I. _ Organization of Houses— Rules, &c. 1790-91. 



istcongress. lenberg, Scott, Wynkoop, of Pennsylvania; Seney, of Maryland; 
Brown, Griffin, Lee, Madison, jr., of Virginia; Bloodworth, Wil- 
liamson, of North Carolina ; Huger, Smith, of South Carolina ; 
Baldwin, of Georgia. The credentials of William B. Gills, of 
Virginia, returned in the place of Theodoric Bland, deceased, 
were received. 
Committee The houses having notified each other that a quorum was pre- S. Journal, 
President" 1 sent ' a j oint committee, consisting of Messrs. Langdon and Mor- p * 216, 
ris, on the part of the Senate, and Messrs. Boudinot, Law T rance, ^'oSQ. 
and Smith, of South Carolina, on the part of the House, was ap- 
pointed to inform the President that the two houses had assem- 
bled. It is worthy of remark, that resolutions appointing this 
joint committee were passed simultaneously by the two houses. 
The resolution of the Senate, after imbodying the fact that " a 
quorum of the two houses is assembled," concluded in the fol- 
lowing words: — "and will be ready, in the senate chamber, at 
such time as the President of the United States may appoint, to 
receive any communications he may be pleased to make." The 
house disagreed to this resolution: and the Senate concurred in 
the resolve of the House, which simply announced the fact that 
Report. " a quorum is assembled." On the same day, the committee re- Id. p. 331, 

ported that the President "proposed to-morrow, at 12 o'clock, to 

, i . i i i ,, S. Journal, 

meet the two houses in the senate chamber." p.216,217, 

Accordingly, on the following day, the President came to the 218 * 
senate chamber, where the two houses had assembled, and ad- 
dressed them as follows: — 

" Fellow Citizens of the. Senate and House of Representa- 
tives: — 
Speech of " In meeting you again, I feel much satisfaction in being able 
President. ^ Q re p ea t m y congratulations on the favourable prospects which 
continue to distinguish our public affairs. The abundant fruits 
of another year have blessed our country with plenty, and with 
the means of a flourishing commerce. The progress of public cre- 
dit is witnessed by a considerable rise of American stock abroad 
as well as at home: and the revenues, allotted for this and other na- 
tional purposes, have been productive beyond the calculations by 
which they were regulated. This latter circumstance is the more 
pleasing, as it is not only a proof of the fertility of our resources, 
but as it assures us of a further increase of the national respecta- 
bility and credit: and, let me add, as it bears an honourable tes- 
timony to the patriotism and integrity of the mercantile and 
marine part of our citizens. The punctuality of the former, in 
discharging their engagements, has been exemplary. 



HISTORY OF CONGRESS. 99 



CHAP. I. Organization of Houses— Rules, &c. 1790-91. 



istcongress. "In conforming to the powers vested in me by acts of the 
last session, a loan of three millions of florins, towards which 

p Sp6 "d t some provisional measures had previously taken place, has been 
completed in Holland. As well the celerity with which it has 
been filled, as the nature of the terms, (considering the more 
than ordinary demand for borrowing, created by the situation of 
Europe,) give a reasonable hope that the further execution of 
these powers may proceed with advantage and success. The 
secretary of the treasury has my directions to communicate 
such further particulars as may be requisite for more precise in- 
formation. 

" Since your last session, I have received communications by 
which it appears that the district of Kentucky, at present a part 
of Virginia, has concurred in certain propositions contained in 
a law of that state, in consequence of which, the district is to be- 
come a distinct member of the Union, in case the requisite sanc- 
tion of Congress be added. For this sanction, application is now 
made. I shall cause the papers, on this very important transac- 
tion, to be laid before you. The liberality and harmony with 
which it has been conducted, will be found to do great honour 
to both the parties: and the sentiments of warm attachment to 
the Union and its present government, expressed by our fellow- 
citizens of Kentucky, cannot fail to add an affectionate concern 
for their particular welfare, to the great national impressions un- 
der which you will decide in the case submitted to you. 

u It has been heretofore known to Congress, that frequent in- 
cursions have been made on our frontier settlements by certain 
banditti of Indians, from the north-west side of the Ohio. 
These, with some of the tribes dwelling on, and near, the Wa- 
bash, have, of late, been particularly active in their depreda- 
tions, and, being emboldened by the impunity of their crimes, 
and aided by such parts of the neighbouring tribes, as could be 
seduced to join in their hostilities, or afford them a retreat for 
their prisoners and plunder, they have, instead of listening to 
the humane invitations and overtures made on the part of the 
United States, renewed their violences with fresh alacrity and 
greater effect. The lives of a number of valuable citizens have 
thus been sacrificed, and some of them under circumstances pe- 
culiarly shocking: whilst others have been carried into a deplo- 
rable captivity. 

'• ' These aggravated provocations rendered it essential to the 
safety of the western settlements, that the aggressors should be 
made sensible that the government of the Union is not less ca- 



100 



HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses— Rules, &c. 1790-91. 



1st congress, pable of punishing their crimes, than it is disposed to respect 
3(1 Session - their rights and reward their attachments. As this object could 
Speech of no t be effected by defensive measures, it became necessary to put 
in force the act which empowers the President to call out the mi- 
litia, for the protection of the frontiers; and I have, accordingly, 
authorized an expedition, in which the regular troops in that 
quarter are combined with such draughts of militia as were 
deemed sufficient: the event of the measure is yet unknown to 
me. The secretary of war is directed to lay before you a state- 
ment of the information on which it is founded, as well as an 
estimate of the expense with which it will be attended. 

" The disturbed situation of Europe, and particularly the cri- 
tical posture of the great maritime powers, whilst it ought to 
make us the more thankful for the general peace and security en- 
joyed by the United States, reminds us, at the same time, of the 
circumspection with which it becomes us to preserve these bless- 
ings. It requires, also, that we should not overlook the ten- 
dency of a war, and even preparations for a war, among the na- 
tions most concerned in active commerce with this country, to 
abridge the means, and thereby at least enhance the price of 
transporting its valuable productions to their proper markets. I 
recommend it to your serious reflections, how far and in what 
mode it may be expedient to guard against embarrassments from 
these contingencies, by such encouragements to our own naviga- 
tion as will render our commerce and agriculture less dependent 
on foreign bottoms, which may fail us in the very moments most 
interesting to both of these great objects. Our fisheries, and 
the transportation of our own produce, offer us abundant means 
for guarding ourselves against this evil. 

" Your attention seems to be not less due to that particular 
branch of our trade which belongs to the Mediterranean. So many 
circumstances unite in rendering the present state of it distress- 
ful to us, that you will not think any deliberations misemployed, 
which may lead to its relief and protection. 

" The laws you have already passed, for the establishment of 
a judiciary system, have opened the doors of justice to all de- 
scriptions of persons. You will consider, in your wisdom, whe- 
ther improvements in that system may yet be made; and, parti- 
cularly, whether a uniform process of executions or sentences, is- 
suing from the federal courts, be not desirable through all the 
states. 

"The patronage of our commerce, of our merchants and sea- 
men, has called for the appointment of consuls in foreign coun- 



HISTORY OF CONGRESS. 101 



CHAP. I. Organization of Houses— Rules, &c. 1790-91. 



1st congress, tries. It seems expedient to regulate by law the exercise of that 
— — — — jurisdiction, and those functions which are permitted them, ei- 
Speech of tner Dv eX press convention, or by a friendly indulgence, in the 
places of their residence. The consular convention, too, with 
His Most Christian Majesty, has stipulated, in certain cases, 
the aid of the national authority to his consuls established here. 
Some legislative provision is requisite to carry these stipulations 
into full effect. 

" The establishment of the militia, of a mint, of standards of 
weights and measures, of the post office and post roads, are sub- 
jects which, I presume, you will resume of course, and which 
are abundantly urged by their own importance. 

u Gentlemen of the House of Representatives: — 

"The sufficiency of the revenues you have established for 
the objects to which they are appropriated, leaves no doubt that 
the residuary provisions will be commensurate to the other ob- 
jects for which the public faith stands now pledged. Allow me, 
moreover, to hope that it will be a favourite policy with you not 
merely to secure a payment of the interest of the debt funded; 
but, as far and as fast as the growing resources of the country will 
permit, to exonerate it of the principal itself. The appropria- 
tion you have made of the western lands explains your disposi- 
tions on this subject; and I am persuaded the sooner that valua- 
ble fund can be made to contribute, along with other means, to 
the actual reduction of the public debt, the more salutary will 
the measure be to every public interest, as well as the more sa- 
tisfactory to our constituents. 

" Gentlemen of the Senate and House of Representatives: — 
" In pursuing the various and weighty business of the present 
session, I indulge the fullest persuasion that your consultations 
will be equally marked with wisdom, and animated by the love 
of your country. In whatever belongs to my duty, you shall 
have all the co-operation which an undiminished zeal for its wel- 
fare can inspire. It will be happy for us both, and our best re- 
ward, if, by a successful administration of our respective trusts, 
we can make the established government more and more instru- 
mental in promoting the good of our fellow citizens, and more 
and more the object of their attachment and confidence. 

" G. Washington. 
« United States, December 8th, 1790." 

Prepara- Messrs. Ellsworth, King, and Izard, were appointed a commit- s. Journal, 
presenta- * ee °^ ^e Senate, to prepare an address to the President, in an- ^i. 



102 HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses— Rules, &c. 1790-91. 



1st congress, swer to his speech. The report of the committee was made on 

3d Session. r 

" T~~ the 10th of December, and was amended. The President having 

answer of appointed Monday, the 13th, to receive the address, it was, on 
the Senate. ^h a t day, communicated to him by the Vice-President, in the pre- 
sence of the Senate, as follows : — 

" To the President of the United States of America : — 

Answer of " We receive, sir, with particular satisfaction, the communi- 

Senate. cations contained in your speech, which confirm to us the pro- 
gressive state of the public credit, and afford, at the same time, 
a new proof of the solidity of the foundation on which it rests ; 
and we cheerfully join in the acknowledgment which is due to 
the probity and patriotism of the mercantile and marine part of 
our fellow citizens, whose enlightened attachment to the princi- 
ples of good government is not less conspicuous in this, than it has 
been in other important respects. 

" In confidence that every constitutional preliminary has been 
observed, we assure you of our disposition to concur in giving the 
requisite sanction to the admission of Kentucky, as a distinct 
member of the Union ; in doing which, we shall anticipate the 
happy effects to be expected from the sentiments of attachment 
towards the Union, and its present government, which have been 
expressed by the patriotic inhabitants of that district. 

" While we regret that the continuance and increase of the 
hostilities and depredations which have distressed our north-west- 
ern frontiers, should have rendered offensive measures necessary, 
we feel an entire confidence in the sufficiency of the motives 
which have produced them, and in the wisdom of the dispositions 
which have been concerted, in pursuance of the powers vested in 
you : and whatever may have been the event, we shall cheerfully 
concur in the provisions which the expedition that has been un- 
dertaken, may require on the part of the legislature, and on any 
other which the future peace and safety of our frontier settle- 
ments may call for. 

" The critical posture of the European powers will engage a 
due portion of our attention, and we shall be ready to adopt any 
measures, which a prudent circumspection may suggest, for the 
preservation of the blessings of peace. The navigation, and the 
fisheries of the United States, are objects too interesting not to 
inspire a disposition to promote them, by all the means which 
shall appear to us consistent with their natural progress and per- 
manent prosperity. 

" Impressed with the importance of a free intercourse with the 



HISTORY OF CONGRESS. 103 



CHAP. I. Organization of Houses— Rules, &c. 1790-91. 



1st congress. Mediterranean, we shall not think any deliberations misemployed, 

jo session. 

which may conduce to the adoption of proper measures for re- 
Answer of moving the impediments that obstruct it. 

" The improvement of the judiciary system, and the other im- 
portant objects to which you have pointed our attention, will not 
fail to engage the consideration they respectively merit. 

" In the course of our deliberations, upon every subject, we 
shall rely upon that co-operation which an undiminished zeal, 
and incessant anxiety for the public welfare, on your part, so tho- 
roughly ensure ; and, as it is our anxious desire, so it shall be our 
constant endeavour, to render the established government more 
and more instrumental in promoting the good of our fellow citi- 
zens, and more and more the object of their attachment and con- 
fidence." 

The President of the United States was pleased to make the 
following reply : — 
Reply of " Gentlemen : These assurances of favourable attention to the s. Journal, 
President. SUD j ec t s I have recommended, and of entire confidence in my P* 221, 
views, make the impression on me which I ought to feel. I thank 
you for them both, and shall continue to rely much for the suc- 
cess of all our measures for the public good, on the aid they will 
receive from the wisdom and integrity of your councils. 

" G. Washington." 

Commit- Messrs. Madison, Ames, and Tucker, were, on the 9th, ap- H. Journal* 
tee - pointed a committee of the House of Representatives, to carry p * * 

House re- -^ e ff ec ^ a resolution adopted by the house, " that an address 
present ad- ought to be prepared by the house, to the President of the United 
dress ' States, in answer to his speech to both houses, with assurances 
that this house will, without delay, proceed to take into their se- 
rious consideration the various and important matters recom- 
mended to their attention." 

The committee presented the draft of an address to the house, 
on the 10th; and the house, on the following day, adopted the 
same. The President having appointed to receive the address 
on Monday, the 13th, the speaker, attended by the house, re- 
paired, on that day, to the house of the President, and presented 
to him the address, as follows :— 
Address " Sir — The representatives of the people of the United States id. p. 334,, 
presented. h ave taken into consideration your address to the two houses, at 
the opening of the present session of Congress. 

" We share in the satisfaction inspired by the prospects which 



104 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, Sec. 1790-91. 



]st congress, continue to be so auspicious to our public affairs. The blessings 

resulting from the smiles of Heaven on our agriculture, the rise 

of H ddreSS °f P u ^ c credit, with the further advantages promised by it; 
and the fertility of resources which are found so little burden- 
some to the community, fully authorize our mutual congratula- 
tions on the present occasion. Xor can we learn, without an 
additional gratification, that the energy of the laws for providing 
adequate resources, has been so honourably seconded by those 
classes of citizens, whose patriotism and probity were more im- 
mediately concerned, 

" The success of the loan opened in Holland, under the disad- 
vantages of the present moment, is the more important, as it not 
only denotes the confidence already placed in the United States, 
but, as the effect of a judicious application of that aid. will still 
further illustrate the solidity of the foundation on which the pub- 
he credit rests. 

"The preparatory steps taken by the state of Virginia, in con- 
cert with the district of Kentucky, towards the erection of the 
latter into a distinct member of the Union, exhibit a liberality 
mutually honourable to the parties. We shall bestow on this 
important subject the favourable consideration which it merits; 
and, with the national policy which ought to govern our deci- 
sion, shall not fail to mingle the affectionate sentiments which 
are awakened by those expressed in behalf of our fellow citi- 
zens of Kentucky. 

" Whilst we regret the necessity which has produced offensive 
hostilities against some of the Indian tribes north-west of the 
Ohio, we sympathize too much with our western brethren, not 
to behold with approbation the watchfulness and vigour which 
have been exerted by the executive authority for their protec- 
tion: and which, we trust, will make the aggressors sensible that 
it is their interest to merit, by a peaceable behaviour, the friend- 
ship and humanity which the United States are always ready to 
extend to them. 

•• The encouragement of our own navigation has, at all times, 
appeared to us highly important. The point of view under 
which you have recommended it to us, is strongly enforced by 
the actual state of things in Europe. It will be incumbent on 
us to consider in what mode our commerce and agriculture can 
be best relieved from an injurious dependence on the navigation 
of other nations, which the frequency of their wars renders a 
too precarious resource for conveying the productions of our 
countrv to market. 



IIISTOKY OF CONGRESS. 1Q5 



Chap. I. Organization of Houses— Rules, &c. 1790-91. 



1st congress "The present state of our trade to the Mediterranean seems 

3d Session. 

not less to demand, and will accordingly receive, the attention 

H<x!se eSSOf wmcn y° u nave recommended. 

" Having already concurred in establishing a judiciary system, 
which opens the doors of justice to all, without distinction of 
persons, it will be our disposition to incorporate every improve- 
ment which experience may suggest. And we shall consider, in 
particular, how far the uniformity, which, in other cases, is found 
convenient in the administration of the general government 
through all the states, may be introduced into the forms and 
rules of executing sentences issuing from the federal courts. 

"The proper regulation of the jurisdiction and functions 
which may be exercised by consuls of the United States in foreign 
countries, with the provisions stipulated to those of His Most 
Christian Majesty established here, are subjects of too much con- 
sequence to the public interest and honour not to partake of our 
deliberations. 

" We shall renew our attention to the establishment of the 
militia, and the other subjects unfinished at the last session, and 
shall proceed in them with all the despatch which the magnitude 
of all, and the difficulty of some of them will allow. 

" Nothing has given us more satisfaction, than to find that the 
revenues heretofore established have proved adequate to the 
purposes to which they were allotted. In extending the provi- 
sion to the residuary objects, it will be equally our care to secure 
sufficiency and punctuality in the payments due from the trea- 
sury of the United States. We shall, also, never lose sight of 
the policy of diminishing the public debt as fast as the increase 
of the public resources will permit: and are particularly sensi- 
ble of the many considerations which press a resort to the auxi- 
liary resource furnished by the public lands. 

"In pursuing every branch of the weighty business of the 
present session, it will be our constant study to direct our delibe- 
rations to the public welfare. Whatever our success may be, 
we can, at least, answer for the present love of our country, 
which ought to animate our endeavours. In your co-operation 
we are sure of a resource, which fortifies our hopes that the 
fruits of the established government will justify the confidence 
which has been placed in it, and recommend it more and more 
to the affection and attachment of our fellow citizens." 

To which address the President of the United States was 
pleased to reply as follows: — 

Vol. L— -14 



106 HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses— Rules, &c. 1790-91. 



1st congress. « Gentlemen : The sentiments expressed in your address are H. Journal, 

3d Session. • i i i i t> 336 

' entitled to my particular acknowledgment. v ' 

President. " Having no object but the good of our country, this testi- 
mony of approbation and confidence from its immediate repre- 
sentatives must be among my best rewards, as the support of 
your enlightened patriotism has been among my greatest en- 
couragements. Being persuaded that you will continue to be 
actuated by the same auspicious principle, I look forward to the 
happiest consequences from your deliberations during the pre- 
sent session. 

" G. Washington." 

Court- On the 6th of December, a letter from Messrs. Evan Thomas s. Journal, 
?° U <it S° f - anc * Andrew Geyer, in behalf of the commissioners of the city P^g* 6 ' 218 * 
nate and and county of Philadelphia, was presented, by Mr. Morris, to 
House. foe Senate, offering " the county court-house, in Philadelphia, 
to the representatives of the Union, for their accommodation 
during their residence in the city of Philadelphia:" and, on the 
following day, the Senate ordered the following reply to be ad- 
dressed to the commissioners: — 
Answer of " Gentlemen: The Senate have considered the letter that you 
Senate. we re pleased to address to the Senate and the House of Represen- 
tatives, on the 6th instant, and they entertain a proper sense of 
the respect shown to the general government of the United 
States, by providing so commodious a building as the commis- 
sioners of the city and county of Philadelphia have appropriated 
for the accommodation of the representatives of the Union, 
during their residence in this city. 
" I have the honour to be, 

"Your most humble servant, 

"John Adams, 
"Vice-President of the United States, 
and President of the Senate. 
" To the Commissioners of the City ~) 
and County of Philadelphia." 3 

A similar communication from the commissioners was made h. Journal, 
to the House of Representatives, on the 11th of December. P' 334 
Philadel- On the 19th of January, a resolution of the directors of the S. Journal, 
^opened libraI T of Philadelphia was communicated to the Senate, pro- P' 234 ' 
to Con- viding "that the President, and members of the Senate and 
gress. House of Representatives of the United States, shall have free 
use of the books in the library, in as full and ample a manner as 
if they were members of the company." 



HISTORY OF CONGRESS. iQ<y 



Chap. I. Organization of Houses— Rules, &c. 1790-91. 



ttSSSST' Pursuant t0 a j 0mt resolution, adopted by the House on the 
Sth of December, and by the Senate on the 9th, the Right 

Chaplains. Reverend Bishop White was elected on the last mentioned day, S. Journal, 
to be chaplain of the Senate; and, on the 10th, the Reverend p " 
Mr. Blair was elected chaplain of the House. p. 332. 334! 

The usual supply of newspapers to each member was ordered 
by a resolution of the House of December 9th, and a resolution s * T P ' °,' 
of the Senate of December 13th. p. 221. 

Extracts A motion was made in the Senate, on the 20th of January, — Id. p. 234, 

cuth- e EXe " " That the secretai 7 Ornish any member of the Senate with 235, 

Journal. such extracts from the executive Journal, as he may direct/' On 
the 21st, the Senate amended the resolution, so as to read, 

" Resolved — That the secretary do furnish the members of 
Senate, when required, with extracts of such parts of the execu- 
tive Journal as are not, by vote of the Senate, considered se- 
cret.'' 

And this motion was committed to Messrs. Ellsworth, Gunn, 
and King. The Senate then agreed to the following order: — 

" Ordered — That the secretary do furnish Mr. Gunn with an 
attested copy of sundry extracts from the records of Senate, 
when acting in their executive capacity." 

Agreeably to notice, which he had given on the preceding 
day, Mr. Monroe, on the 24th of February, moved that the Se- 
nate agree to the following resolutions: — 
Motion to "Resolved — That it be a standing rule, that the doors of the id. p. 280, 

open Se- senate chamber remain open whilst the Senate shall be sitting in 281 -" 287r « 
nate doors. . . . ., . , . ..»..-, 

a legislative capacity, except on such occasions as, in their judg- 
ment, may require secrecy; and that this rule shall commence 
and be in force on the first day of the next session of Congress. 
"Resolved — That the secretary of the Senate request the 
commissioners of the city and county of Philadelphia, to cause 
a proper gallery to be erected for the accommodation of an au- 
dience." 

This motion led to a debate, which continued till the hour of 
adjournment, and was resumed on the following day, when the 
question being taken by yeas and nays, it was decided as fol- 
lows: — 

Yeas — Messrs. Butler, Foster, Gunn, Hawkins, King, Lee, 
Maclay, Monroe, Schuyler. — 9. 
Negatived. Nays — Messrs. Bassetr, Carroll, Dalton, Dickinson, Ells- 
worth, Elmer, Few, Henry, Johnson, Johnston, Izard, Lang- 
don, Morris, Read, Stanton, Strong, Wingate. — 17. 



108 HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses— Rules, &c. 1790-91. 



1st congress. On the 1st of March, the Senate appointed Messrs. Schuyler, S. Journal, 

3d Session. l ■ tj 294 

" ~ Ellsworth, and Butler, a committee to revise the laws of the F * 
Senate 7 

committee United States, to report such as are expired, or are about to ex- 

to revise pj re? anc [ a bill, or bills, for the revisal of such as may be deemed 
necessary. The only report made by this committee, was on 
Report, the 2d of March, when Mr. Schuyler reported a bill to continue Id. p. 296. 
in force the act therein mentioned, and to make further provi- 
sion for the payment of pensions to invalids, and for the support 
of light-houses, beacons, buoys, and public piers." 

On the 12th of January, the House of Representatives adopted 
the following order: — 
House re- " Ordered — That so much of the standing rules and orders of this H. Journal, 
rules S house, as directs that ' no bill amended by the Senate shall be * 
committed,' be rescinded." 

Seat of go- On the 24th of January, the following message was received s. Journal, 
vernment. from the p res i de nt of the United States:— p,335,236. 

" Gentlemen of the Senate and House of Representatives: — 
Message of " In execution of the powers with which Congress were pleased 
President. to i nyes j; me> by their act, entitled " An act for establishing the H. Journal, 
temporary and permanent seat of government of the United P- 360 > 361 « 
States," and, on mature consideration of the advantages and disad- 
vantages of the several positions within the limits prescribed by the 
said act, I have, by a proclamation bearing date this day, (a copy 
of which is herewith transmitted,) directed commissioners, an- S. Journal, 
pointed in pursuance of the act, to survey and limit a part of p ' ° ' 
the territory of ten miles square, on both sides of the river Po- 
tomac, so as to comprehend George Town, in Maryland, and ex- 
tend to the eastern branch. 

" I have not, by this first act, given to the said territory the 
whole extent of which it is susceptible in the direction of the 
river, because I thought it important that Congress should have 
an opportunity of considering, whether by an amendatory law 
they would authorize the location of the residue, at the lower 
end of the present, so as to comprehend the eastern branch it- 
self, and some of the country on its lower side, in the state of 
Maryland, and the town of Alexandria, in Virginia. If, how- 
ever, they are of opinion, that the federal territory should be 
bounded by the water edge of the eastern branch, the location 
of the residue will be to be made at the upper end of what is 
now directed. 

"I have thought best to await a survey of the territory, before 



HISTORY OF CONGRESS. 109 



Chap. I. Organization of Houses— Rules, &c. 1790-91. 



1st congress, it is decided on what particular spot, on the north-eastern side of 

3d Session. . r r ' 

the river, the public buildings shall be erected. 

"G. Washington. 

" United States, January 24, 1791." 



Bill in con- On the 16th of February, Mr. Carroll gave notice to the Se- S. Journal, 

formity to na j e ^ a t he would, on the morrow, move for leave to bring: in a &ro 
message. t o ztz. 

bill to amend the act, entitled " An act for establishing the tem- 
porary and permanent seat of the government of the United 
States," pursuant to the plan suggested in the President's mes- 
sage of the 24th of January. And, on the following day, Mr. 
Carroll requested the leave. On this question, the yeas and nays 
being taken, it was decided as follows: — 

Yeas — Messrs. Butler, Carroll, Dickinson, Elmer, Few, Gunn, 
Hawkins, Henry, Johnston, Izard, Langdon, Lee, Monroe, Mor- 
ris, Read, Stanton, Strong. — 17. 

Nays — Messrs. Dalton, Ellsworth, Foster, Johnson, King, Ma- 
clay, Wingate. — 7. 
First read- The bill was then read a first time. On the following day, the id. p. 273, 
m S- second reading being moved, a motion was made to postpone the 

reading 11 consideration thereof to this day se'nnight. And the question be- 
postponed. ing taken by yeas and nays, it was decided as follows : — 

Yeas — Messrs. Dalton, Dickinson, Ellsworth, Elmer, Foster, 
Johnson, King, Langdon, Maclay, Morris, Read, Schuyler, Stan- 
ton, Strong, Wingate. — 15. 

Nays — Messrs. Butler, Carroll, Few, Gunn, Hawkins, Henry, 
Johnston, Izard, Lee, Monroe. — 10. 

The question on the second reading of this bill was resumed Id. p. 287, 
by the Senate on the 25th of February, when a motion was 
made to postpone the consideration of the subject; and the ques- 
tion on this motion being taken by yeas and nays, it was de- 
cided as follows : — 

Yeas — Messrs. Bassett, Dalton, Dickinson, Ellsworth, Elmer, 
Foster, Johnson, King, Maclay, Stanton, Strong, Wingate. — 12. 
Nays- — Messrs. Butler, Carroll, Few, Gunn, Hawkins, Henry, 
Johnston, Izard, Langdon, Lee, Monroe, Morris, Read, Schuy- 
ler.— 14. 

On motion that the first clause of the bill be agreed to, to wit : 
from line first to the word " provided," line fourteenth, the ques- 
tion, being taken by yeas and nays, was decided as follows: — 

Yeas — Messrs. Butler, Carroll, Few, Gunn, Hawkins, Henry, 
Johnston, Izard, Langdon, Lee, Monroe, Morris, Read, Schuy- 
ler.— 14. 



110 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1790-91. 



house. 



ist congress. Nays — Messrs. Bassett, Dalton, Dickinson. Ellsworth, Elmer, 

3d session. J 

Foster, Johnson, King, Maclay, Stanton, Strong, Wingate. — 12. 
Ordered to The bill was then ordered to its third reading. And on the S. Journal, 
^ read ' following day, the bill passed the Senate. In the House of Re- P' 289 - 
Passed, preservatives, this bill was read a first time on the same day. h. Journal, 
Bill in On the 28th, it received its second reading; and on the 1st of P> 392 - 394 -' 
March, it was read a third time: and on the question of its pas- 
sage, the yeas and nays being taken, it was decided as follows : — 

Ayes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Cad- id. p. 397, 
walader, Carroll, Clymer, Coutee, Fitzsimons, Gale, Gerry, Grif- 398 - : 
fin, Giles, Hathorn, Jackson, Lawrance, Lee, Madison, jr., Ma- 
thews, Moore, Parker, Schureman, Scott, Sherman, Silvester, 
Sinnickson, Smith, of Maryland, Smith, of South Carolina, 
Steele, Stone, Sumpter, Trumbull, Tucker, Vining, Wadsworth, 
White, Williamson, Wynkoop. — 39. 

Noes — Messrs. Ames, Benson, Boudinot, Floyd, Foster, Gilman, 
Grout, Hartley, Huntington, Leonard, Livermore, Muhlenberg, 
Partridge, Van Rensselaer, Sedgwick, Seney, Sturges, Thatcher. 
—18. 

Committee On the 20th of January, the House of Representatives ap- I( j. p . 358. 
nex^mee? P omie ^ Messrs. Tucker, Lee, and Partridge, a committee, on 363 - 366 - 
ing-ofCon- their part, to consider w T hat time will be proper for the com- 
mencement of the next Congress, to the end that timely notice 
may be given to the members who are to serve for the ensuing 
two years. And on the following day, Messrs. Strong, Izard, and s. Journal, 
Ellsworth, were appointed a committee on the part of the Se- P- 235 * 236 - 
nate. A report was made by this committee on the 25th. On 
the 28th, the report was considered by the House of Represen- 
tatives, and the following resolution and order were adopted : — 

"Resolved — That this house doth agree to the said report, in 

the words following, to wit : — 
Resolution ** That it is the opinion of the joint committee that a revenue 
?nThouse' V bill may be passed, and such other business, as is of immediate 

importance, accomplished before the fourth day of March next, 

and that it will, therefore, not be necessary that the new session 

should commence immediately thereafter. 

" That the joint committee are also of opinion that a bill should 

pass to alter the next annual meeting of Congress to an earlier 

day than that expressed in the Constitution. 

" Ordered — That a bill or bills be brought, pursuant to the said 
report, and that Mr. Tucker, Mr. Lee, and Mr. Partridge, do 
prepare and bring in the same." 



HISTORY OF CONGRESS. HI 



Chap. I. Organization of Houses— Rules, <fcc. 1790-91. 



istcongress. The Senate, on the 31st, postponed the consideration of this s. Journal, 
" " resolution. It was again postponed on the 12th of February, and P-w.aiw 

postpones, again on the 19th. In the mean time, on the 8th of February, id. p. 274. 
a bill was reported to alter the time of the next meeting of Con- 
gress, which received, in the House of Representatives, its first 

Bill passed and second reading, on that day, and passed the House on the 1 1th H. Journal, 
of February. This bill, which fixed the time for the next meet- p * 
ing of Congress on the first Monday of November, received its 
first reading in the Senate, on the same day, and was read a se- S. Journal, 
cond time on the following day. On the 19th of February, the P- 262 > 263 - 
bill was again taken up and postponed. On the 22d of Februa- id. p. 274. 
ry, the consideration of the bill was resumed; and, after an un- 278 - 
successful motion to amend it, by substituting " the second Mon- 
day in September," in place of " the first Monday of Novem- 

Rejected ber," the bill itself, on the question of its third reading, was re- 
by Senate. j^^ 

New bill On the rejection of this bill, the House of Representatives ap- h. Journal, 
and^asfed P omtec * another committee, consisting of Messrs. Smith, of South P- 388 - 
Carolina, Lawrance, and Van Rensselaer, to prepare and bring 
in a new bill or bills, fixing the time for the next annual meeting 
of Congress. This bill was reported, read the first and second 
time, and ordered to be engrossed, on the same day ; and, on the 
24th of February, this bill passed the House, and was sent to the 
Senate. By the new bill, the day fixed for the meeting of the 
next Congress, was the fourth Monday of October. The bill was s. Journal, 
read a first time in the Senate, on the same day. On the fol- P-28l,282. 
lowing day, a motion was made to substitute " the first Monday j^. p . 289. 
of April," for " the fourth Monday of October," but it was nega- 
tived. The bill was then ordered to its third reading, and was 
passed on the 26th of February. 
Adjourn- And on the 3d of March, after the usual interchange of mes- id. p. 314. 
sages, the two houses adjourned, sine die. H. Journal, 



112 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1791-92. 



2d Congress. 
1st Session. 



SECOJfD CONGRESS. 

FIRST SESSION. 

Houses On Monday, the 24th day of October, the two houses assem- s. Journal, 
TdYhT 111 " ^ e ^ at Philadelphia? on which day a quorum attended, both in P- 323, 
the Senate and House of Representatives. 
Senators In the Senate were present the Vice-President; Messrs. Lang- H. Journal, 
present. ^ Wingate> of New Hampshire; Strong, of Massachusetts; P' 435 ' 
Foster, Stanton, jr., of Rhode Island; Dickinson, of New Jersey; 
Morris, of Pennsylvania ; Read, of Delaware ; Johnston, Haw- 
kins, of North Carolina; Butler, Izard, of South Carolina; and 
Few, of Georgia. 

And the following newly appointed senators produced their s. Journal, 
credentials, and took the oath and their seats; to wit: George P- 323 * 
Cabot, from Massachusetts; Roger Sherman, (vice W. S. John- 
son, resigned,) from Connecticut; Aaron Burr, from New York; 
and John Rutherford, from New Jersey. 
Represen- The following members, constituting a quorum, were found to h. Journal, 
tativespre- be present: Messrs. Gilman, Livermore, Smith, of New Hamp- P- 433,434. 
shire; Ames, Bourne, Gerry, Goodhue, Thatcher, Ward, of Mas- 
sachusetts; Bourne, of Rhode Island; Hillhouse, Sturges, Trum- 
bull, Wadsworth, Learned, of Connecticut; Gordon, Lawrance, 
Silvester, Tredwell, of New York; Boudinot, of New Jersey; 
Fitzsimons, Heister, Muhlenberg, of Pennsylvania; Vining, of 
Delaware; Seney, Sterrett, of Maryland; Brown, Giles, Griffin, 
Madison, Moore, White, of Virginia; Steele, Williamson, of 
North Carolina; Huger, Smith, Tucker, of South Carolina; and 
Willis, of Georgia. 

Election of The first act of the House was the election of a speaker; and a id. p. 434. 

speaker, majority of the votes of the whole House being in favour of Jona- 
than Trumbull, he was conducted to the chair, from whence he 
addressed the House as follows: — 

Speaker's " Gentlemen: — I find myself unable to express to you the full 
sense I have of the distinguished honour you have done me in 
the choice of your speaker. 

" The diffidence I feel in my abilities to discharge with pro- 
priety the duties of the chair, is almost insuperable in my own 
mind. But, encouraged by the known candour of this honoura- 



HISTORY OF CONGRESS. H3 



Chap. I. Organization of Houses— Rules, &x. 1791-92. 



2d congress, ble body, and depending, as I think I may confidently do, on 

the kind assistance of each individual in it, I shall enter on its 

duties with full assurances to you, gentlemen, that I shall en- 
deavour to conduct myself with that impartiality, integrity, and 
assiduity, which become the conspicuous station in which you 
have been pleased to place me." 

Members The members and clerk were then sworn, John Beckley H. Journal, 
sworn. having been unanimously elected clerk. It was then ordered, P- 434 * 435 * 
" that the speaker do appoint committees, until the house shall 
Commit- otherwise determine." A committee, consisting of Messrs. 
tees. Muhlenberg, Tucker, Williamson, Ames, and Smith, of New 

Hampshire, was appointed " to prepare and report such standing ' 
rules and orders of proceeding as may be proper to be observed 
Election of in this house." Joseph Wheaton was then appointed sergeant- i 

officers. at-arms; Gifford Dalley, door-keeper; and Thomas Claxton, as- 
sistant door-keeper. A resolution to appoint chaplains was adopt- 
ed; the usual order relative to newspapers was agreed to, and the 
customary message was sent to the Senate. A committee, con- 
sisting of Mr. Smith, of South Carolina, Mr. Lawrance, and Mr. 
Messages White, on the part of the house, and Messrs. Izard and Lang- s. Journal, 
interchan- don on the par( . of the Senate, was appointed "to wait on the p.323,324. 
President of the United States, and notify him that a quorum 
of the two houses is assembled, and ready to receive any corn- 
Committee munications he may think proper to make to them." Previous- 
ly ^d* t n ty to ^ e a PP omtment °f tnis joint committee, the Senate had 
appointed their own committee, consisting of Messrs. Butler, 
Morris, and Dickinson, " to wait on the President of the United 
States, and inform him that a quorum of the Senate is assembled, 
agreeably to the Constitution, and ready to receive such commu- 
nications as he may be pleased to make to them." The joint 
Report, committee reported that the President would make a communi- 
cation to both houses, on the morrow, at 12 o'clock. 
Chaplains. The Senate having concurred in the resolution to appoint id. p. 324. 
chaplains, elected the Right Reverend Bishop Whitej'and on the h. Journal, 
25th the House elected the Reverend Mr. Blair. P- 435 - 

On Tuesday, the 25th of October, the speaker and House s. Journal, 
repaired to the Senate chamber, where the President delivered ?«? 2 «*«w 25 * 
to both houses the following address:— 

"Fellow Citizens of the Senate, and of the House of Repre- 
sentatives: — 

Speech of " I meet you upon the present occasion with the feelings H. Journal 

President. which are natura u y inspired by a strong impression of the pros- v ^ 5 ^ 6> 
Vol. L— 15 



114 HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses— Rules, &c. 1791—92. 



2d congress, perous situation of our common country; and by a persuasion, 
— - equally strong, that the labours of the session which has just corn- 
Speech of mence c!, will, under the guidance of a spirit no less prudent than 
President. .... . . ,-,.,.,. 

patriotic, issue in measures conducive to the stability and increase 

of national prosperity. 

"Numerous as are the providential blessings which demand 
our grateful acknowledgments, the abundance with which ano- 
ther year has again rewarded the industry of the husbandman is 
too important to escape recollection. 

" Your own observations in your respective situations will have 
satisfied j^ou of the progressive state of agriculture, manufactures, 
commerce, and navigation. In tracing their causes, you will 
have remarked, with particular pleasure, the happy effects of that 
revival of confidence, public as well as private, to which the 
Constitution and laws of the United States have so eminently 
contributed; and you will have observed, with no less interest, 
new and decisive proofs of the increasing reputation and credit 
of the nation. But you, nevertheless, cannot fail to derive sa- 
tisfaction from the confirmation of these circumstances, which 
will be disclosed in the several official communications that will 
be made to you in the course of your deliberations. 

" The rapid subscriptions to the bank of the United States, 
which completed the sum allowed to be subscribed in a single 
day, is among the striking and pleasing evidences which present 
s themselves, not only of confidence in the government, but of re- 
source in the community. 

* In the interval of your recess, due attention has been paid 
to the execution of the different objects which were specially 
provided for by the laws and resolutions of the last session." 

" Among the most important of these is the defence and secu- 
rity of the western frontiers. To accomplish it on the most hu- 
mane principles was a primary wish. 

" Accordingly, at the same time that treaties have been pro- 
visionally concluded, and other proper means used to attach the 
wavering, and to confirm in their friendship the well disposed 
tribes of Indians, effectual measures have been adopted to make 
those of a hostile description sensible, that a pacification was de- 
sired upon terms of moderation and justice. 

" These measures having proved unsuccessful, it became ne- 
cessary to convince the refractory of the power of the United 
States to punish their depredations. Offensive operations have, 
therefore, been directed to be conducted, however, as consistent- 
ly as possible with the dictates of humanity. Some of these 



HISTORY OF CONGRESS. 115 



Chap. I. Organization of Houses— Rules, &c. 1791-92. 



2d congress, have been crowned with full success, and others are yet depend- 

ing. The expeditions which have been completed, were carried 

Speech of on unc j er the authority, and at the expense of the United States, 
by the militia of Kentucky, whose enterprise, intrepidity, and 
good conduct, are entitled to peculiar commendation. 

" Overtures of peace are still continued to the deluded tribes, 
and considerable numbers of individuals belonging to them have 
lately renounced all further opposition, removed from their for- 
mer situations, and placed themselves under the immediate pro- 
tection of the United States. 

" It is sincerely to be desired, that all need of coercion in fu- 
ture may cease, and that an intimate intercourse may succeed, 
calculated to advance the happiness of the Indians, and to at- 
tach them firmly to the United States. 

" In order to this, it seems necessary — 

" That they should experience the benefits of an impartial 
dispensation of justice. 

"That the mode of alienating their lands, the main source of 
discontent and war, should be so defined and regulated, as to obvi- 
ate imposition, and, as far as maybe practicable, controversies con- 
cerning the reality and extent of the alienations which are made. 

" That commerce with them should be promoted under regu- 
lations tending to secure an equitable deportment towards them, 
and that such rational experiments should be made, for impart- 
ing to them the blessings of civilization, as may, from time to 
time, suit their condition. 

" That the executive of the United States should be enabled 
to employ the means to which the Indians have been long ac- 
customed, for uniting their immediate interests with the preser- 
vation of peace. 

" And that efficacious provision should be made for inflicting 
adequate penalties upon all those, who, by violating their rights, 
shall infringe the treaties and endanger the peace of the Union. 

" A system corresponding with the mild principles of religion 
and philanthropy towards an unenlightened race of men, whose 
happiness materially depends on the conduct of the United States, 
woulcl be as honourable to the national character as conformable 
to the dictates of sound policy. 

" The power specially vested in me by the act laying certain 
duties on distilled spirits, which respect the subdivisions of the 
districts into surveys, the appointment of officers, and the assign- 
ment of compensations, have likewise been carried into effect. 
In a matter in which both materials and experience were want- 



HQ HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1791-92. 



2d congress, ine to guide the calculation, it will be readily conceived, that 

1st Session. ° D _.„ _ . 

there must have been difficulty in such an adjustment of the rates 

Speech of f com pensation as would conciliate a reasonable competency 
with a proper regard to the limits prescribed by the law. It is 
hoped that the circumspection which has been used will be found, 
in the result, to have secured the last of the two objects ; but it 
is probable, that, with a view to the first, in some instances a 
revision of the provision will be found advisable. 

" The impressions with which this law has been received by 
the community, have been, upon the whole, such as were to be 
expected among enlightened and well disposed citizens, from the 
propriety and necessity of the measure. The novelty, however, 
of the tax, in a considerable part of the United States, and a 
misconception of some of its provisions, have given occasion, in 
particular places, to some degree of discontent. But it is satis- 
factory to know that this disposition yields to proper explana- 
tions, and more just apprehensions of the true nature of the law. 
And I entertain a full confidence that it will, in all, give way 
to motives which arise out of a just sense of duty, and a virtu- 
ous regard to the public welfare. 

" If there are any circumstances in the law, which, consistent- 
ly with its main design, may be so varied as to remove any well-in- 
tentioned objections that may happen to exist, it will consist with 
a wise moderation to make the proper variations. It is desira- 
ble, on all occasions, to unite with a steady and firm adherence 
to constitutional and necessary acts of government, the fullest 
evidence of a disposition, as far as may be practicable, to consult 
the wishes of every part of the community, and to lay the founda- 
tions of the public administration in the affections of the people. 

" Pursuant to the authority contained in the several acts on 
that subject, a district of ten miles square, for the permanent 
seat of the government of the United States, has been fixed, and 
announced by proclamation; which district will comprehend lands 
on both sides of the river Potomac, and the towns of Alexandria 
and Georgetown. A city has also been laid out, agreeably to a 
plan which will be placed before Congress: and as there is a 
prospect, favoured by the rate of sales which have already taken 
place, of ample funds for carrying on the necessary public build- 
ings, there is every expectation of their due progress. 

"The completion of the census of the inhabitants, for which 
provision was made by law, has been duly notified (excepting one 
instance in which the return has been formal; and another, in 
which it has been omitted or miscarried,) and the returns of the 



HISTORY OF CONGRESS. H7 



Chap. I. Organization of Houses— Rules, &c. 1791-92. 



2d congress, officers who were charged with this duty, which will be laid he- 
ist Session. 

iore you, will give you the pleasing assurance, that the present po- 

Speechof pu ] a tion of the United States borders on four millions of persons. 
President. * . . 

" It is proper also to inform you, that a further loan of two 

millions and a-half of florins has been completed in Holland ; the 
terms of which are similar to those of the one last announced, 
except as to a small deduction of charges. Another, on like 
terms, for six millions of florins, had been set on foot under cir- 
cumstances that assured an immediate completion. 

" Gentlemen of the Senate: — 

"Two treaties which have been provisionally concluded with 
theCherokees and Six Nations of Indians, will be laid before you 
for your consideration and ratification. 

a Gentlemen of the House of Representatives: — 

" In entering upon the discharge of your legislative trust, you 
must anticipate, with pleasure, that many of the difficulties, ne- 
cessarily incident to the first arrangements of a new govern- 
ment, for an extensive country, have been happily surmounted 
by the zealous and judicious exertions of your predecessors, in 
co-operation with the other branch of the legislature. The im- 
portant objects which remain to be accomplished, will, I am per- 
suaded, be conducted upon principles equally comprehensive, 
and equally well calculated for the advancement of the general 
weal. 

" The time limited for receiving subscriptions to the loans pro- 
posed by the act making provision for the debt of the United 
States having expired, statements from the proper department, 
will, as soon as possible, apprize you of the exact result. Enough, 
however, is already known, to afford an assurance that the views 
of that act have been substantially fulfilled. The subscription 
on the domestic debt of the United States, has embraced by far 
the greatest proportion of that debt ; affording, at the same time, 
proof of the general satisfaction of the public creditors with the 
system which has been proposed to their acceptance, and of the 
spirit of accommodation to the convenience of the government 
with which they are actuated. The subscription on the debts of 
the respective states, as far as the provisions of the law have per- 
mitted, may be said to be yet more general. The part of the 
debt of the United States which remains unsubscribed, will na- 
turally engage your further deliberations. 

" It is particularly pleasing to me to be able to announce to 
you, that the resources which have been established promise to 



118 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1791-92. 



2d congress, be adequate to their objects, and may be permitted, if no un- 

lst Session. * ' 



foreseen exigency occur, to supersede, for the present, the ne- 

speech of cess ity of any new burdens upon our constituents. 
President. ... "1 ',..'.«■" V • i ., A . 

* An object which will claim your early attention, is a provision 

for the current service of the ensuing year, together with such 
ascertained demands upon the treasury as require to be immedi- 
ately discharged, and such casualties as may have arisen in the 
execution of the public business, for which no specific appro- 
priation may have yet been made: of all which a proper estimate 
will be laid before you. 

" Gentlemen of the Senate, and of the House of Represen- 
tatives: — 

" I shall content myself with a general reference to former 
communications for several objects, upon which the urgency of 
other affairs has hitherto postponed any definitive resolution. 
Their importance will recall them to your attention: and, I trust, 
that the progress already made in the most arduous arrangements 
of the government, will afford you leisure to resume them with 
advantage. 

" There are, however, some of them of which I cannot for- 
bear a more particular mention. These are, — the militia, the 
post office and post roads, the mint, weights and measures; a 
provision for the sale of the vacant lands of the United States. 

" The first is certainly an object of primary importance, whe- 
ther viewed in reference to the national security, to the satisfac- 
tion of the community, or to the preservation of order. In con- 
nexion with this, the establishment of competent magazines and 
arsenals, and the fortification of such places as are peculiarly im- 
portant and vulnerable, naturally present themselves to conside- 
ration. The safety of the United States, under Divine protection, 
ought to rest on the basis of systematic and solid arrangements, 
exposed as little as possible to the hazards of fortuitous circum- 
stances. 

" The importance of the post office and post roads, on a plan 
sufficiently liberal and comprehensive, as they respect the expe- 
dition, safety, and facility of communication, is increased by 
their instrumentality in diffusing a knowledge of the laws and 
proceedings of the government, which, while it contributes 
to the security of the people, serves also to guard them against 
the effects of misrepresentation and misconception. The esta- 
blishment of additional cross-posts, especially to some of the im- 
portant points in the western and northern parts of the Union, 
cannot fail to be of material utility. 



HISTORY OF CONGRESS. 119 



CHAP. I. Organization of Houses— Rules, &c. 1791-92. 



2d congress. "The disorders in the existing currency, and especially the 

scarcity of small change, a scarcity so peculiarly distressing to 

Pr P s e id C nt° f tne P 00rer c ^ asses > strongly recommend the carrying into imme- 
diate effect the resolution already entered into concerning the es- 
tablishment of a mint. Measures have been taken pursuant to 
that resolution for procuring some of the most necessary artists, 
together with the requisite apparatus. 

" A uniformity in the weights and measures of the country, 
is among the important objects submitted to you by the Consti- 
tution; and, if it can be derived from a standard at once invaria- 
ble and universal, must be no less honourable to the public coun- 
cils, than conducive to the public convenience. 

"A provision for the sale of the vacant lands of the United 
States, is particularly urged, among other reasons, by the import- 
ant considerations, that they are pledged as a fund for reimbursing 
the public debt; that, if timely and judiciously applied, they may 
save the necessity of burdening our citizens with new taxes for 
the extinguishment of the principal: and that, being free to dis- 
charge the principal but in a limited proportion, no opportunity 
ought to be lost for availing the public of its right. 

" G. Washington." 
« United States, October 25, 1791." 

Senate In the Senate, it was ordered, that Messrs. Brown, Cabot, and s. Journal, 

committee j on nston, be a committee to prepare and report the draft of an P- 327 * 

to prepare ' x * 

address. address to the President, in answer to his speech. That com- Id. p. 331, 

mittee reported on the 28th, and the report being adopted, in 
pursuance of an arrangement made with the President, the ad- 
Address dress was presented on Monday, the 31st of October, by the 
presented. Vice-President, attended by the Senate, as follows:— 

" To the President of the United States: — 
Address of " Sir: The Senate of the United States have received with the 
Senate. highest satisfaction the assurances of public prosperity contained 
in your speech to both houses: the multiplied blessings of Pro- 
vidence have not escaped our notice, or failed to excite our gra- 
titude. 

"The benefits which flow from the restoration of public and 
private confidence are conspicuous and important, and the plea- 
sure with which we contemplate them is heightened by your as- 
surance of those further communications which shall confirm 
their existence, and indicate their source. 

" While we rejoice in the success of those military operations 
which have been directed against the hostile Indians, we lament 



332. 



120 HISTORY OF CONGRESS. 



CHAP. I. Organization of Houses — Rules, &c. 1791-92. 



2d congress, with vou the necessity that has produced them, and we partici- 

lst Session. J . . _ . 

pate the hope that the present prospect ot a general peace, on 

Address of terms f moderation and justice, may be wrought into complete 
and permanent effect; and that the measures of government may 
equally embrace the security of our frontiers, and the general 
interests of humanity: our solicitude to obtain which will en- 
sure our zealous attention to an object so warmly espoused by the 
principles of benevolence, and so highly interesting to the honour 
and welfare of the nation. 

"The several subjects which you have particularly recom- 
mended, and those which remain of former sessions, will engage 
our early consideration. We are encouraged to prosecute them 
with alacrity and steadiness, by the belief that they will interest 
no passion but that for the general welfare ; by the assurance of 
concert ; and by a view of those arduous and important arrange- 
ments which have been already accomplished. 

" We observe, sir, the constancy and activity of your zeal for 
the public good. The example will animate our efforts to pro- 
mote the happiness of our country." 

To which address, the President made the following reply : — 

Reply of " Gentlemen: This manifestation of your zeal for the honour s. Journal, 
President. an( j ^ e happiness of our country, derives its full value from the P" 3o2, 
share which your deliberations have already had in promoting 
both. 

" I thank you for the favourable sentiments with which you 
view the part I have borne in the arduous trust committed to the 
government of the United States; and desire you to be assured 
that all my zeal will continue to second those further efforts for 
the public good, which are ensured by the spirit in which you 
are entering on the present session. 

" G. Washington." 



House or- In the House of Representatives, the speech was considered in H. Journal, 
ders ad- committee of the whole, and the house agreed to the report of p * 

dress to be . ° r 

prepared, that committee — "that a respectful address ought to be pre- 
sented by the House of Representatives to the President of the 
United States, in answer to his speech to both houses of Congress 
at the commencement of the session, containing assurances that 
this house will take into consideration the various and important 
Commit- matters recommended to their attention." And Messrs. Madison, 

tee - Lawrance, and Smith, of South Carolina, were appointed a com- 

mittee to prepare the address, 



HISTORY OF CONGRESS. 121 



CftAP. I. Organization of Houses— Rules, &c. 1791-92. 



2d congress. Mr. Madison reported the address on the 27tb, and on the H. journal, 

1st Session. J ^q ^o 

28th, conformable to an appointment made by the President, the ?•**"•***• 
house attended the speaker, and presented the same, as follows : — 

Address of "<SiV: In receiving your address at the opening of the present 
House. session, the House of Representatives have taken an ample share 
in the feelings inspired by the actual prosperity and flattering 
prospects of our country : and whilst, with becoming gratitude to 
Heaven, we ascribe this happiness to the true source from which 
it flows, we behold, with an animating pleasure, the degree in 
which the Constitution and laws of the United States have been 
instrumental in dispensing it. 

" It yields us particular satisfaction to learn the success with 
which the different important measures of the government have 
proceeded ; as well those specially provided for at the last ses- 
sion, as those of preceding date. The safety of our western fron- 
tier, in w r hich the lives and repose of so many of our fellow citi- 
zens are involved, being peculiarly interesting, your communica- 
tions on that subject are proportionally grateful to us. The gal- 
lantry and good conduct of the militia, whose services were called 
for, is an honourable confirmation of the efficacy of that precious 
resource of a free state ; and we anxiously wish that the conse- 
quences of their successful enterprises, and of the other proceed- 
ings to which you have referred, may leave the United States 
free to pursue the most benevolent policy towards the unhappy 
and deluded race of people in our neighbourhood. 

" The amount of the population of the United States, deter- 
mined by the returns of the census, is a source of the most pleasing 
reflections, whether it be viewed in relation to our national safe- 
ty and respectability, or as a proof of that felicity in the situa- 
tion of our country, which favours so unexampled a rapidity in 
its growth. Nor ought any to be insensible to the additional mo- 
tive suggested by this important fact, to perpetuate the free go- 
vernment established with a wise administration of it, to a por- 
tion of the earth which promises such an increase of the number 
which is to enjoy those blessings within the limits of the United 
States. 

" We shall proceed with all the respect due to your patriotic 
recommendations; and with a deep sense of the trust committed 
to us by our fellow citizens, to take into consideration the various 
and important matters falling within the present session ; and, in 
discussing and deciding each, we shall feel every disposition, 
whilst we are pursuing the public welfare, which must be the 
Vol. I. — 16 



122 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1791-92. 



s>d congress, supreme object with all our constituents, to accommodate, as far 

1st Sessio n. , r 

as possible, the means of attaining it to the sentiments and wishes 
of every part of them." 

To which address, the President was pleased to make the fol- 
lowing reply : — 

Reply of "Gentlemen: The pleasure I derive from an assurance of 
President. y 0Ur attention to the objects I have recommended to you, is 
doubled by your concurrence in the testimony I have borne to 
the prosperous condition of our public affairs. 

" Relying on the sanctions of your enlightened judgment, and 
on your patriotic aid, I shall be the more encouraged in all my 
endeavours for the public weal : and particularly in those which 
may be required on my part, for executing the salutary measures 
I anticipate from your present deliberations. 

" G. Washington." 

Rules of 0° the 26th of October, the House of Representatives adopt- H. journal, 
House. ed the rules and orders of proceeding established by the late p * • ' 
House of Representatives, " until a revision or alteration of the 
same shall take place." The committee appointed on the sub- Id. p. 445. 
ject of rules made their report on the 1st of November, when it 
was ordered to lie on the table, and was not again taken up. 

On the 17th of February, the following additional rule was 
adopted by the House of Representatives : — 

standing " Resolved — That it be a standing order of this house, that, Id. p. 510. 
order. whenever confidential communications are received from the 
President of the United States, the house shall be cleared of all 
persons except the members and the clerk, and so continue 
during the reading of such communications, and during all de- 
bates and proceedings to be had thereon; and that, when the 
speaker, or any other member, shall inform the house that he has 
communications to make, which he conceives ought to be kept 
secret, the house shall, in like manner, be cleared till the com- 
munication be made: the house shall then determine whether 
the matter communicated require secrecy or not, and take or- 
der accordingly." 

On the 20th of April, the following motion was submitted to Id. p. 583. 
the house: — 

" Whereas, an impartial publication of the debates of Con- 
gress, stating accurately their legislative measures, and the rea- 
sons urged for and against them, is a desirable object, inasmuch 



HISTORY OF CONGRESS. 123 



Chap. I. Organization of Houses— Rules, &c. 1791-92. 



2d congress, as it may aid the executive in administering the government, the 
— ~-~ — " judiciary in expounding the laws, the government and citizens 
in the several states in forming a judgment of the conduct of 
their respective representatives, and Congress themselves in re- 
vising and amending their legislative proceedings. 

"And whereas, from the want of proper arrangements, such 
publication has not been accomplished — 

Stenogra- " Resolved — That persons, of good reputation, and skilled H. Journal, 

phers. m ^ e ar j. f stenography, be, at the next session, appointed by **' 
ballot, to take and publish impartially and accurately, the legis- 
lative subjects which may be submitted to the consideration of 
the house, and the debates thereon of the members respectively. 
That the persons so to be appointed be considered as officers of 
the house, and provided for accordingly: that they be severally 
qualified by oath to a faithful discharge of the trust; and that 
such regulations shall be prescribed, as may be necessary to pro- 
tect them in attaining the salutary objects of their appointment. 

Committee " Ordered — That the said motion be committed to Mr. Gerry, 
Mr. Mercer, Mr. Lee, Mr. Smith, of South Carolina, and Mr. 
Kittera." 

Reportlaid The report of this committee was made and laid on the table id. p. 586. 

on table. n the 24th of April. 

Senate rule I n tne Senate, on the 31st of October, a motion was made, s. Journal, 

as to com- an d postponed, " to alter the rule which provides for balloting in P- 332, 
the choice of committees, and that the Vice-President be em- 
powered to nominate the committees in future." This motion 
appears not to have been acted on. 

Gn the 27th of February, the Senate agreed to the following 
order: — 

Examina- " Ordered — That all bills, before they are sent to the House of Id. p. 398. 
tion of bills. Representatives, be examined by the committees respectively 
who brought in such bills, or to whom the same shall have been 
last committed in Senate." 

Entering Messrs. Strong, Lee, and Ellsworth, were appointed, on the ia. p . 407, 
and pub- g^ f March, a committee of the Senate, to consider and re- 408 * 

lisning- 

journals, port any alterations that may be necessary, in the mode of en- 
tering and publishing the journals of the Senate. And, on the 
12th, a report was made by this committee. Whereupon, 

" Ordered — That the proceedings of the Senate, when not act- 
ing as in a committee of the whole house, be entered on the 



124 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1791-22. 



2d congress. Journals as concisely as possible, due care being taken to detail a I 

1st Session. J r b I 

true and accurate account of the proceedings. 

" That the titles of bills and such parts thereof only as shall 
be affected by proposed amendments, be inserted on the Jour- 
nals. 

fi That the secretary be directed, once in each week, at least, 
to furnish one of the printers of a public newspaper with a copy 
of the Journals of the Senate, while in their legislative capaci- 
ty, unless otherwise specially directed." 

The Senate, on the 30th of March, adopted the following re- 
solution : — 
Laws of " Resolved— -That the secretary of the Senate be directed to S. Journal, 
states. procure, and deposite in his office, the laws of the several states, p ' 
for the use of the Senate." 

Admission On the 27th of October, a communication was made to the Id. p. 328. 
to Library. g ena t e that the privilege granted to the last Congress, of a free 

admission to the library of Philadelphia, had been extended to 

the present Congress. 

Committee Messrs. Strong, Butler, and Burr, were, on the 31st of Octo- M-P- 33 ? 
, i • o' 7 » » 335, 

ness° US1 " ^ er » a PP om ted a committee to consider and report what business 
it is necessary for the Senate to proceed on. And, on the first of 
November, this committee reported as follows: — 
Report. " That, in the opinion of the committee, it will be proper for 
the Senate to proceed on the following business : — 

" 1 . The establishing a mint. 

"2. The fixing the standard of weights and measures. 

" 3. The determining the time for choosing the electors of the 
President and Vice-President, and the day on which they shall 
give their votes, and prescribing the mode of transmitting the 
votes to the seat of government. 

u 4. Providing compensation for the officers of the judicial 
courts of the United States, and for jurors and witnesses. 

11 5. The bill postponed in the Senate, at the last session, for 
establishing offices, for the purpose of granting lands within the 
territories of the United States. 

" 6. The bill, postponed in like manner, concerning consuls 
and vice-consuls." 

The Senate agreed to this report, and adopted the following 
order : — 
Appoint- " Ordered — That Messrs. Izard, Moore, and Langdon, be a com- 
ment of jvjitt ee to take into consideration the subject relative to weights 
commit- ', .- Z 

tees. and measures, and report their opinion thereon. 



HISTORY OF CONGRESS. 125 



Chap. I. Organization of Houses— Rules, &c. 1791-92. 



2d Congress. "Ordered — That Messrs. Rutherford, Sherman, and Burr, be 

1st Sessio n. . B , , 

a committee to report a bill determining the time of choosing 

the electors of President and Vice-President, and the day on 
which they shall give their votes, and prescribing a mode of 
transmitting the votes to the seat of government. 

" Ordered — That Messrs. Henry, Strong, and Monroe, be a 
committee to report a bill providing compensation for the officers 
of the judicial courts of the United States, and. for jurors and 
witnesses. 

" Ordered — That Messrs. King, Foster, Monroe, Strong, and 
Butler, be a committee to report a bill for establishing offices for 
the purpose of granting lands within the territories of the United 
States. 

" Ordered — That Messrs. Morris, Cabot, and Ellsworth, be a 
committee to report a bill concerning consuls and vice-consuls. 

" Ordered — That Messrs. Burr, Butler, and Robinson, be a com- 
mittee to revise the rules, and report such alterations and addi- 
tions as may be necessary." 

Plan of The President, on the 13th of December, communicated to S. Journal, 
filt y- the Senate, " the plan of a city that has been laid out within the p ' 

district of ten miles square, which was fixed upon for the per- 
manent seat of the government of the United States." 

On the 26th of March, 1792, Mr. Monroe again submitted the 
following resolution: — 

Motion to " Resolved — That it be a standing rule, that the doors of the Id. p. 445. 

natTdoors senate chamber remain open whilst the Senate shall be sitting in 

their legislative capacity, except on such occasions as, in their 

judgment, may require secrecy; and that this rule shall commence 

and be in force, on the first day of the next session of Congress." 

The question on this motion being taken by yeas and nays, it 
was decided as follows: — 

Yeas — Messrs. Butler, Carroll, Foster, Hawkins, Johnston, 
King, Lee, Monroe. — 8. 

Nays — Messrs. Bassett, Bradley, Cabot, Dickinson, Ellsworth, 
Few, Gunn, Henry, Izard, Langdon, Read, Robinson, Ruther- 
ford, Sherman, Stanton, Strong, Wingate. — 17. 

On the 1 8th of April, Mr. Few submitted the following mo- 
tion : — 
Motion to « Resolved — That when the Senate are sitting in their legisla- Id. p. 429. 
members ** ve capacity, the members of the House of Representatives may 
of house. 



12(5 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1791-92. 



2d congress, be admitted, to attend the debates, and each member of the Se- 
' — ~ nate may also admit a number not exceeding two persons ; pro- 
vided, the operation of this resolution be suspended until the se- 
nate chamber is sufficiently enlarged." 

The question on this motion being taken by yeas and nays, it 
was decided as follows : — 

Yeas — Messrs. Bradley, Burr, Few, Gunn, Hawkins, Monroe. 
—6. 

Nays — Messrs. Cabot, Carroll, Dickinson, Ellsworth, Foster, 
Henry, Izard, Johnston, Langdon, Morris, Read, Robinson, Sher- 
man, Stanton, Strong, Wingate. — 16. 

House On the 26th of October, the House of Representatives ap- h. Journal, 
committee pointed Messrs. Livermore, Boudinot, Giles, Gerry, Bourne, of P- 44 °- 



on 



elec- 



tions. Rhode Island, Hillhouse, and Steele, to be a committee on elec- 

Report. tions. This committee, on the 28th, reported on all the creden- id. p. 443. 
Jackson's tials of members which had been examined by them. On the id. p. 452 
Snst" 1 a " 14tn °f November, there was presented to the house, a petition 455, 
Wayne. of James Jackson, of the state of Georgia, complaining of the 
undue election and return of Anthony Wayne, one of the re- 
Referred, presentatives of that state. The petition was, on the 15th of id. p. 457. 
November, referred to the committee appointed on the 31st of 
October, " to report a regular and uniform mode of proceeding 
in cases of contested elections of members of this house," con- 
sisting of Messrs. Ames, Dayton, Brown, Fitzsimons, and Tuc- 
ker. On the 18th of November, Mr. Ames made a report from 
this committee, on the subject of the petition; and this report 
was, on the 19th, committed to a committee of the whole house 
for the following Thursday. On the 24th, the subject was 
taken up in committee of the whole: and after being considered 
and amended, the report of the committee was agreed to in the 
following form: — 

Report. " Resolved — That the first Monday of February next, be as- u # p , 453. 
signed for the trial of the articles alleged in the said petition. 

" Resolved — That the evidence which may be offered, on the 
part of the petitioner, shall be confined to the proof of the arti- 
cles of charge exhibited in the said petition against the validity 
of the return of the said election. 

" Resolved — That, on the trial, the deposition of a witness 
shall be received, which shall have been taken more than twenty- 
five days prior to the day assigned for the trial, before any justice 
or judge of the courts of the United States, or before any chan- 



HISTORY OF CONGRESS. 127 



Chap. I. Organization of Houses— Rules, &c. 1791-92. 



2d congress, cellor, justice, or judge of a supreme, or superior court, mayor, 
~ or chief magistrate of a city, or judge of a county court, or court 
Report. f Common Pleas of any of the United States, not being of coun- 
sel or attorney to either the said Anthony Wayne, or the peti- 
tioner: Provided — That a notification from the magistrate, before 
whom the deposition is to be taken, to the adverse party, to be 
present at the taking of the same, and to put interrogatories, if he 
think fit, shall have been first made out and served on the ad- 
verse party, or his attorney especially authorized for the purpose, 
as either may be nearest, if either be within one hundred miles 
of the place of such caption; allowing time for their attendance, 
after notified, not less than at the rate of one day, Sundays ex- 
clusive, for every twenty miles' travel. And every person de- 
posing shall be carefully examined and cautioned, and sworn or 
affirmed, to testify the whole truth, and shall subscribe the testi- 
mony by him or her given, after the same shall be reduced to 
writing; which shall be done only by the magistrate taking the 
deposition, or by the deponent in his presence. And the deposi- 
tions so taken, together ,with a certificate of the notice, if any, 
given to the adverse party, or his attorney, shall be sealed up by 
the said magistrate, and directed to the speaker: Provided, ne- 
vertheless — That no ex parte deposition shall be used on the 
trial of the said petition, which shall have been taken at any time 
before the twenty-sixth day of December next: Provided, also 
— That evidence taken in any other manner than is herein be- 
fore directed, and not objected to by the parties, may, with the 
approbation of the house, be produced on the trial." 

Trial post- On the day assigned for the trial, a petition having been pre- H. Journal? 

poned. sented from James Jackson, praying that the trial " may be post- p " 502 ' 
poned for twenty days, in conformity to the tenor of an agreement 
entered into between the attorneys of the said Anthony Wayne 
and the petitioner, the house granted the prayer of the petition, 
Further and assigned Monday, the 27th, for the triah On the 27th, the Id. p. 521, 

postponed. cage wag t a k en? w hen an application was made, on the part of the 
sitting member, for a further postponement: and both the sitting 
member and the petitioner being fully heard on the subject mat- 
ter of the said application, it was resolved, that the trial be post- 
poned until the second Monday in March. On the 10th of Id. p. 534, 
March, the house granted leave for the sitting member to be 
heard by his counsel at the bar of the house. An application 
was made on the day appointed for the trial, by the sitting mem- 
ber, for another postponement until the Wednesday se'nnight, 



128 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1791-92. 



2d congress, and the parties were respectively heard on the motion, which 
was finally negatived. The petitioner then entered on the proof 
of his allegations. The house resumed the consideration of the 
trial on Wednesday, the 14th, when application in writing being 
made by the petitioner as followeth: — 

Evidence a That the decision of the Senate of the state of Georgia, on h. Journal, 
° ere * the impeachment of Judge Osborne, so far as respects the Cam- P- 535 > 536 - 
den return for a member to represent the state of Georgia, on 
the third day of January, 1791, be received as evidence in the 
present trial of that election, to establish the corruption of Judge 
Osborne." 

After a full hearing of the parties, the question being taken 
by ayes and noes, was decided as follows : — 

Ayes — Messrs. Ashe, Baldwin, Boudinot, Clarke, Gerry, Giles, 
Gregg, Grove, Heister, Jacobs, Key, Kitchell, Macon, Schroma- 
ker, Steele, Sumpter, Thatcher, Tredwell, Tucker, Willis.— 20. 

Noes — Messrs. Ames, Barnwell, Benson, S. Bourne, B. Bourne, 
Brown, Findley, Fitzsimons, Gilman, Goodhue, Griffin, Hartley, 
Hillhouse, Huger, Kittera, Lawrance, Leonard, Lee, Livermore, 
Madison, Mercer, Moore, Muhlenberg, Murray, Miles, Page, Par- 
ker, Sedgwick, Seney, J. Smith, I. Smith, W. Smith, Sterrett, 
Sturges, Silvester, Venable, Vining, Wadsworth, Ward, White, 
Williamson. — 41. 

The petitioner then concluded with his exhibits, and the sitting 
member entered into the defence until the house adjourned. On 
the following day, the sitting member having concluded, the pe- 
titioner was heard in reply, and the parties then retired from 
the bar. It was then moved, " that certain proceedings of the 
House of Representatives of the State of Georgia, accompanied 
with other papers, transmitted agreeably to their resolution, un- 
der the signature of the governor, and the seal of the state, re- 
lative to the election of a member to represent the eastern dis- 
trict of the said state in this house, be received." On which mo- 
tion, the previous question being called for by five members, to 
wit, — " Shall the main question to agree to the said motion be 
now put?" — it passed in the negative. And so the said motion id. p. 536. 
was lost. 

The consideration of the subject being resumed on the 16tb, 
a motion was made that the house agree to the following resolu- 
tion — 

Decision of "Resolved — That Anthony Wayne was not duly elected a id. p. 537* 
house. 



HISTORY OF CONGRESS. 129 



Chap. I. Organization of Houses— Rules, &c. 1791-92. 



2d congress, member of this house." And the question being taken by ayes 

1st S ession. . * . - „ 

and noes, on this motion, it was decided as lollows: — 

Ayes — Messrs. Trumbull, (speaker,) Ames, Ashe, Baldwin, 
Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Brown, 
Clarke, Findley, Fitzsimons, Gerry, Giles, Gilman, Goodhue, 
Gregg, Griffin, Grove, Hartley, Heister, Hillhouse, Huger, Jacobs, 
Key, Kitchell, Kittera, Leonard, Lee, Livermore, Macon, Madi- 
son, Mercer, Moore, Muhlenberg, Niles, Page, Parker, Schro- 
maker, Sedgwick, Seney, J. Smith, I. Smith, W. Smith, Steele, 
Sterrett, Sturges, Sumpter, Silvester, Thatcher, Tredwell, Tuc- 
ker, Venable, Vining, White, Williamson, Willis.— 

No one voting in the negative, the decision was unanimous. 

It was then moved, " that the speaker do transmit a copy of the 

said vote to the executive of the state of Georgia," but after 

some debate, the further proceeding was postponed till Monday. 

Further Q n |j la ^ ; $ a j ^ e SUD j ec f; was a g a i n taken up, when it was moved H. Journal, 

ings. that the house agree to the following resolution : — p * 

" Resolved — That the petitioner, James Jackson, is entitled to a 
seat In this house, as a member for the lower district of the state 
of Georgia; and that the right of petitioning against the election 
of the said James Jackson, be reserved to all persons, at any 
time, during the term for which he w 7 as elected." 

The debate on this resolution occupied that day, and the two 
following days ; and on Wednesday, the 21st of March, the ques- 
tion being taken on the motion, by ayes and noes, it was decided 
as follows: — 

Ayes — Messrs. Ashe, Baldwin, Browne, Clarke, Findley, Ger- 
ry, Giles, Gregg, Griffin, Grove, Heister, Jacobs, Lee, Macon, 
Madison, Moore, Niles, Page, Parker, Schromaker, Seney, J. 
Smith, I. Smith, Sterrett, Sturges, Sumpter, Tredwell, Venable, 
Willis.— 29. 

Noes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Fitzsimons, Gilman, Goodhue, Gordon, Hartley, Hill- 
house, Huger, Key, Kitchell, Kittera, Lawrance, Learned, Liver- 
more, Muhlenberg, Sedgwick, W. Smith, Steele, Silvester? 
Thatcher, Tucker, Wadsworth, Ward, White.— 29. 

Seat de- The number of votes being equal, the speaker decided the id. p. 541, 
clared va- question in the negative. The seat of Anthony Wayne was 54 ^ 
then declared to be vacant, and it was — 

" Ordered — That the speaker transmit a copy of the preceding 
resolution, and of this vote, to the executive of the state of 
Vol. L— 17 



130 



HISTORY OF CONGRESS. 



Chap. I. 



Organization of Houses— Rules, &c. 



1791-92. 



2d Congress. 
1st Session. 



Resigna- 
tion of W. 
Pinkney. 



Report. 



Door- 
keepers. 



Bill to alter 
time of 
meeting. 



Georgia, to the end that the said executive may issue writs of 
election to fill the said vacancy." 

On the 9th of November, the speaker laid before the house a 
letter from the governor of Maryland, enclosing the resignation 
of William Pinkney, elected a representative from that state; 
and the return of John Francis Mercer, elected in the room of 
William Pinkney. This communication was referred to the 
standing committee on elections. On the 18th, Mr. Liver- 
more made a report from the committee on elections on this sub- 
ject; and on the 21st, the report was committed to a committee 
of the whole house. On the 22d and 23d, this report was con- 
sidered and amended, and on the last named day the house ex- 
pressed their decision in the following form: — 

" It appears that, at an election for the state of Maryland, on 
the first day of October, 1790, William Pinkney was duly elect- 
ed a representative for that state, to serve in the House of Re- 
presentatives of the United States. 

"That the certificate of his election has been duly transmit- 
ted by the executive thereof, and heretofore so reported by your 
committee. 

"That by a letter, dated the 26th of September, 1791, di- 
rected to the governor and council of that state, W T illiam Pink- 
ney resigned that appointment; and that, in consequence of such 
resignation, the executive issued a writ for an election to sup- 
ply the vacancy thereby occasioned, and have certified that John 
Francis Mercer was duly elected by virtue of that writ, in pur- 
suance of the law of the state of Maryland in that case pro- 
vided. 

" Resolved — That it is the opinion of this committee that John 
Francis Mercer is entitled to take a seat in this house, as one of 
the representatives for the state of Maryland, in the stead of 
William Pinkney." 

During this session a bill passed the two Houses, fixing the 
compensation to the door-keepers of the two houses. It appears 
that the Senate occupied, this session, above forty days on execu- 
tive business. 

On the 24th of April, the house appointed Messrs. Goodhue, 
Benson, and Smith, of South Carolina, a committee to prepare 
and bring in a bill or bills to alter the time for the next annual 
meeting of Congress; and the bill was reported, went through 
its different readings, and was passed on the same day. On the 



H. Journal, 
p. 451. 



Id. p. 457. 
459. 461. 



Id. p. 543, 
544. 564. 
567. 

S. Journal, 
p. 401. 412, 
413. 421. 
H. Journal, 
p. 586. 
S. Journal, 
p. 431.433. 
435. 



HISTORY OP CONGRESS. 131 



CHAP. I. Organization of Houses— Rules, &c. 1791-92. 



2d congress. 24th of April, this bill received its first and second reading, was 

1st Session. r ° 7 

amended, and ordered to a third reading. On the 26th, a mo- 
tion was made to reconsider the amendment agreed to on the 
second reading; but the further consideration of the subject was 
postponed until the next day, and was then again postponed till 
the 1st of May; the consideration was then resumed, when the 
bill being amended, by striking out "the third Monday," which 
had been inserted on the second reading, and substituting "the 
first Monday " in November, it was read a third time, and 
passed. 

Vice-Presi- The Vice-President having, on the 17th of April, requested s. Journal, 

tains leave °^ tne Senate leave of absence for the remainder of the session, p- 427,428. 

of absence, on account of the ill state of his own health, and that of his fa- 
mily; on the following day, Richard Henry Lee was elected 
President President pro tempore; and on the 19th the Senate adopted the 

P roteni ' following resolution :— 

Right to "Resolved— That the President pro tempore of the Senate, id. p. 429. 
as a member, retains his right to vote upon all questions." 

Business to On the 20th of February, the Senate appointed Messrs. Sher- id. p. 393. 

be acted marjj Langdon, and Strong, a committee, on their part, to report 
what business is necessary to be done by Congress in the pre- 
sent session, and what business may be, without great inconve- 
nience, postponed to the next session; "that the proceedings h. Journal, 
may be so regulated as to close this session by the first Tuesday P- 515. 525. 
of April next." The house, on the 21st, appointed Messrs. s. Journal, 
Goodhue, Wadsworth, Lawrance, White, and Macon, to be a P* 401 - 
committee, on their part, for the same purpose. The report of 
this committee was made to the two houses on the 1st of March. 
There seems to have been no subsequent action on this report. 
Motion to On the 5th of April, a motion was made in the Senate for an id. p. 420. 

adjourn, adjournment on the 14th of April. An unsuccessful effort was 
made to postpone the motion. A motion, equally unsuccessful, 
was then made, to appoint a committee to confer with such com- 
mittee as the House might appoint, on the day proper for Congress 
to close the present session. The resolution was then so amend- 
ed as to read, "Tuesday, the 17th day of April, instant;" and in 
this form it was agreed to. The resolution was sent to the House, 
but was not acted on in that body. On the 24th of April, the h. Journal, 

House mo- House agreed to a resolution to adjourn on the 5th of May, and P* 585# 

tion to ad- ^ e s ena t e concurred in that resolution, on the following day. s. Journal, 
On the 2d of May, the Senate appointed Messrs. Hawkins and P-^ 51, 4l35f 
Burr to be a committee, on their part, to notify the President of 



|9B HISTORY OF CONGRESS. 



CHAP. I. ::;;-.:i:::.::'H:.::;-:;:- k: 1791-&2. 



m congress, the proposed recess of Congress. Before this resolution received H. Journal, 

] « : S- < =■ : : - rr ltt^l tv 598. 

a response from the House, the resolution to adjourn on the 5th p " 
of May had been repealed, by a motion in that branch, and the 
10th of May had been agreed on : and the Senate had amended s. Journal, 
this resolution so as to make it read ; - Tuesday, the Stb." which P- 438 - 
was concurred in by the House. On the 7th. the House ap- 
pointed their committee to wait on the President, consisting of 

S :::ey. Oilman, and Grove- The committee having per- id. p. 444. 
formed its duty, and the customary messages having been inter- 
Adjourn- changed by the two houses, an adjournment took place, on the H. Journal, 
Srh of Mav, to the tirst Mondav in November. : : " ' 



secoad *e**io:y 



;; ■::---- Oy Monday, the 5th of November, the two houses reassembled 179S-9& 

'— at Philadelphia, when the following members were present: — 

mB A. Senators- s. Langdon, Wingate, of Xew Hampshire: 

Strong. Cabot, of Massachusetts : Foster, of Rhode Island; Ells- 
Senators worth. Sherman, of Connecticut; Bradley. Robinson, of Vermont; S. Journal, 
present Xing, of Xew York; Dickinson. Rutherford, of Xew Jersey: Pvead, p " 
of Delaware: Monroe, of Virginia; Brown. Edwards, of Ken- 
tucky; Hawkins, of North Carolina : Butler, Izard, of South Ca- 
rolina^ Few. of Georgia. 

Representatives — Messrs. Gilman, Livermore, J. Smith, of 
Xew Hampshire; Ames, S. Bourne. Gerry. Goodhue, Thatcher, 
Ward, of Massachusetts: B. Bourne, of Rhode Island; Learned, 
Stur^es. Trumbull, (speaker,) of Connectic. :. I. Smith, of 

Represen- Vermont; Benson, Lawrance, Tredv.ell. of Xew York : Boudinot, id. p. 609, 
tathrespre- Clark. Dayton, of Xew Jersey : Fitzsimons. Muhlenbe nn- 610 ' 

sylvania: Key. Murray, of Maryland: Giles. Madison, Moore. 
Parker, Venable. White, of Virginia ; Macon, Steele. Williamson, 
of Xorth Carolina: W. Smith. Sumpter. Tucker, of South Caro- 
lina : Baldwin, Willis, of Georgia. 
Senate e- The Vice-President being absent, and also Mr. Lee, who id. p. 451. 
lects presi- h a( j $j een elected President pro tempore at the last session, the 
tem. 8 nate elected John Langdon to be President pro tempore. 

Messages The usual messages that a quorum was in attendance, were id. p. 451, 
*"^ rchan " sent by the two houses to each other. Messrs. Izard and Strong A5Z - 4S& 
were appointed on the part of the Senate: and Messrs. Boudinot, 



HISTORY OF CONGRESS. 133 



CHAP. I. Organization of Houses— Rules, &c. 1792-93. 



2d congress Key, and Moore, on the part of the House, to be a committee to 

- — — notify the President that a quorum of the two houses is assem- 
bled, and ready to receive any communications he may think 

Chaplains, proper to make to them. The two houses also resolved to H. Journal, 
elect chaplains, in the usual form, and the Right Reverend P« 610 > 611 - 
Bishop White was elected by the Senate, and the Reverend Ash- 
bel Green by the House. The House adopted a resolution to 
Newspa- furnish the members with the usual allowance of newspapers; 

pers ' and a similar resolution was adopted by the Senate, on the fol- 

lowing day. 

On the 6th, the President having signified his intention to 
meet the two houses in the senate chamber, in order to make a 
communication to them, the House of Representatives repaired 
to the senate chamber, when the President delivered the follow- 
ing address: — 

"Fellow Citizens of the Senate, and of the House of Repre- 
sentatives: — 
Speech of " It is some abatement of the satisfaction with which I meet s. Journal, 
President. y 0U on ^ e present occasion, that, in felicitating you on a conti- P- ^ 52 ~ 
nuance of the national prosperity, generally, I am not able to add H# journal, 
to it information that the Indian hostilities, which have, for some P- 611 — 
time past, distressed our north-western frontier, have terminated. 
" You will, I am persuaded, learn with no less concern than I 
communicate it, that reiterated endeavours towards effecting a 
pacification, have hitherto issued only in new and outrageous 
proofs of persevering hostility on the part of the tribes with 
whom we are in contest. An earnest desire to procure tran- 
quillity to the frontier; to stop the further effusion of blood; to ar- 
rest the progress of expense; to forward the prevalent wish of the 
nation for peace, has led to strenuous efforts, through various chan- 
nels, to accomplish these desirable purposes: in making which ef- 
forts, I consulted less my own anticipations of the event, or the 
scruples which some considerations were calculated to inspire, 
than the wish to find the object attainable; or, if not attainable, 
to ascertain unequivocally that such is the case. 

" A detail of the measures which have been pursued, and of 
their consequences, which will be laid before you, while it will 
confirm to you the want of success thus far, will, I trust, evince, 
that means as proper and as efficacious as could have been de- 
vised, have been employed. The issue of some of them, indeed, 
is still depending ; but a favourable one, though not to be de- 
spaired of, is not promised by any thing that has yet happened. 



134 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1792-93. 



2d congress. " In the course of the attempts which have been made, some 

■ — — valuable citizens have fallen victims to their zeal for the public 

Speech of serv ice. A sanction, commonly respected even among savages, 
has been found, in this instance, insufficient to protect from mas- 
sacre the emissaries of peace : it will, I presume, be duly consi- 
dered, whether the occasion does not call for an exercise of libe- 
rality towards the families of the deceased. 

" It must add to your concern to be informed, that, besides the 
continuation of hostile appearances among the tribes north of 
the Ohio, some threatening symptoms have, of late, been revived 
among some of those south of it. 

" A part of the Cherokees, known by the name of Chicka- 
magas, inhabiting five villages on the Tennessee river, have long 
been in the practice of committing depredations on the neigh- 
bouring settlements. 

" It was hoped that the treaty of Holston, made with the Che- 
rokee nation, in July, 1791, would have prevented a repetition 
of such depredations. But the event has not answered this hope. 
The Chickamagas, aided by some banditti of another tribe in 
their vicinity, have recently perpetrated wanton and unprovoked 
hostilities upon the citizens of the United States in that quarter. 
The information which has been received on this subject will be 
laid before you. Hitherto, defensive precautions, only, have been 
strictly enjoined and observed. 

" It is not understood, that any breach of treaty or aggression 
whatsoever, on the part of the United States or their citizens, is 
even alleged as a pretext for the spirit of hostility in this quar- 
ter. 

" I have reason to believe, that every practicable exertion has 
been made, (pursuant to the provision by law for that purpose,) 
to be prepared for the alternative of a prosecution of the war, in 
the event of a failure of pacific overtures. A large proportion of 
the troops authorized to be raised have been recruited, though 
the number is still incomplete ; and pains have been taken to dis- 
cipline, and put them in condition for the particular kind of ser- 
vice to be performed. A delay of operations, (besides being 
dictated by the measures which were pursuing towards a paci- 
fic termination of the war,) has been, in itself, deemed prefera- 
ble to immature efforts. A statement from the proper depart- 
ment, with regard to the number of troops raised, and some 
other points which have been suggested, will afford more precise 
information as a guide to the legislative consultations; and, 
among other things, will enable Congress to judge whether some 



HISTORY OF CONGRESS. 135 



Chap. I. Organization of Houses— Rules, &c. 1792-93. 



2d congress, additional stimulus to the recruiting service may not be advi- 

2d Session. ° J 

sable. 
Speech of ti j n i 00 ki n g forward to the future expense of the operations 
which may be found inevitable, I derive consolation from the in- 
formation I receive, that the product of the revenues for the 
present year is likely to supersede the necessity of additional 
burdens on the community for the service of the ensuing year. 
This, however, will be better ascertained in the course of the 
session ; and it is proper to add, that the information alluded to 
proceeds upon the supposition of no material extension of the 
spirit of hostility. 

"I cannot dismiss the subject of Indian affairs, without again 
recommending to your consideration the expediency of more ade- 
quate provisions for giving energy to the laws throughout our in- 
terior frontier, and for restraining the commission of outrages upon 
the Indians; without which all pacific plans must prove nugatory. 
To enable, by competent rewards, the employment of qualified 
and trusty persons to reside among them, as agents, would also 
contribute to the preservation of peace and good neighbourhood. 
If, in addition to these expedients, an eligible plan could be de- 
vised for promoting civilization among the friendly tribes, and for 
carrying on trade with them, upon a scale equal to their wants, 
and under regulations calculated to protect them from imposition 
and extortion, its influence, in cementing their interest with ours, 
could not but be considerable. 

" The prosperous state of our revenue has been intimated. This 
would be still more the case, were it not for the impediments 
which, in some places, continue to embarrass the collection of the 
duties on spirits distilled within the United States. These impe- 
diments have lessened, and are lessening, in local extent; and, as 
applied to the community at large, the contentment with the law 
appears to be progressive. 

" But symptoms of increased opposition having lately mani- 
fested themselves in certain quarters, I judged a special interpo- 
sition on my part proper and advisable ; and, under this impres- 
sion, have issued a proclamation, warning against all unlawful 
combinations and proceedings, having for their object or tenden- 
cy to obstruct the operation of the law in question, and an- 
nouncing that all lawful ways and means would be strictly put 
in execution for bringing to justice the infractors thereof, and se- 
curing obedience thereto. 

" Measures have also been taken for the prosecution of offen- 
ders; and Congress may be assured, that nothing within constitu- 



136 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1792—93. 



2d congress, tional and legal limits, which may depend upon me, shall be 

~~ wanting to assert and maintain the just authority of the laws* 

Speech of j n f u ]fiHi n g this trust, I shall count entirely upon the full co-ope- 
ration of the other departments of the government, and upon the 
zealous support of all good citizens. 

" I cannot forbear to bring again into the view of the legisla- 
ture the subject of a revision of the judiciary system. A repre- 
sentation from the judges of the Supreme Court, which will be 
laid before you, points out some of the inconveniences that are 
experienced. In the course of the execution of the laws, consi- 
derations arise out of the structure of that system, which, in some 
cases, tend to relax their efficacy. As connected with this sub- 
ject, provisions to facilitate the taking of bail upon processes out 
of the courts of the United States, and a supplementary defini- 
tion of offences against the Constitution and laws of the Union, 
and of the punishment for such offences, will, it is presumed, be 
found worthy of particular attention. 

" Observations on the value of peace with other nations are un- 
necessary. It would be wise, however, by timely provisions, to 
guard against those acts of our own citizens, which might tend 
to disturb it, and to put ourselves in a condition to give that sa- 
tisfaction to foreign nations which we may sometimes have occa- 
sion to require from them. I particularly recommend to your 
consideration the means of preventing those aggressions by our 
citizens on the territory of other nations, and other infractions of 
the laws of nations, which, furnishing just subject of complaint, 
might endanger our peace with them ; and, in general, the main- 
tenance of a friendly intercourse with foreign powers will be 
presented to your attention by the expiration of the law for that 
purpose, which takes place, if not renewed, at the close of the 
present session. 

" In execution of the authority given by the legislature, mea- 
sures have been taken for engaging some artists from abroad, to 
aid in the establishment of our mint: others have been employed 
at home. Provision has been made for the requisite buildings, 
and these are now putting into proper condition for the purposes 
of the establishment. There has also been a small beginning in 
the coinage of half dimes ; the want of small coins in circulation 
calling the first attention to them. 

" The regulation of foreign coins in correspondency with the 
principles of our national coinage, as being essential to their due 
operation and to order in our money concerns, will, I doubt not. 
be resumed and completed. 



HISTORY OF CONGRESS. 137 



Chap. I. Organization of Houses— Rules, &c. 1792-93. 



2d congress. " It is represented that some provisions in the law which esta- 

2d Session. .»..,«. . . . 

' bhshes the post ofnce, operate, in experiment, against the trans- 

Spe .^ c o h of mission of newspapers to distant parts of the country. Should 
this, upon due inquiry, be found to be the fact, a full conviction 
of the importance of facilitating the circulation of political in- 
telligence and information will, I doubt not, lead to the applica- 
tion of a remedy. 

" The adoption of a constitution for the state of Kentucky has 
been notified to me. The legislature will share with me in the 
satisfaction, which arises from an event interesting to the happi- 
ness of the part of the nation to which it relates, and conducive 
to the general order. 

" It is proper likewise to inform you, that since my last com- 
munication on the subject, and in further execution of the acts 
severally making provision for the public debt, and for the re- 
duction thereof, three new loans have been effected, each for 
three millions of florins : one at Antwerp, at the annual interest 
of four and a half per cent, with an allowance of four per cent. 
in lieu of all charges ; and the other two at Amsterdam, at the 
annual interest of four per cent, with an allowance of five and 
one half per cent, in one case, and of five per cent, in the other, 
in lieu of all charges. The rates of these loans, and the circum- 
stances under which they have been made, are confirmation of 
the high state of our credit abroad. 

" Among the objects to which these funds have been directed 
to be applied, the payment of the debts due to certain foreign 
officers, according to the provision made during the last session, 
has been embraced. 

" Gentlemen of the House of Representatives: — 

"I entertain a strong hope, that the state of the national 
finances is now sufficiently matured to enable you to enter upon 
a systematic and effectual arrangement for the regular redemp- 
tion and discharge of the public debt, according to the right 
which has been reserved to the government : no measure can be 
more desirable, whether viewed with an eye to its intrinsic im- 
portance, or to the general sentiment and w T ish of the nation. 

" Provision is likewise requisite for the reimbursement of the 
loan which has been made of the bank of the United States, 
pursuant to the eleventh section of the act by which it is incor- 
porated. In fulfilling the public stipulations in this particular, 
it is expected a valuable saving will be made. 

" Appropriations for the current service of the ensuing year, 
Vol. L— 18 



138 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1792-93. 



2d congress, and for such extraordinaries as may require provision, will de- 

mand, and, I doubt not, will engage your early attention. 
Speech of 
President. « Gentlemen of the Senate, and the House of Representatives : — 

" I content myself with calling your attention, generally, to 
such objects not particularized in my present address, as have 
been suggested in my former communications to you. 

" Various temporary laws will expire during the present ses- 
sion. Among these, that which regulates trade and intercourse 
with the Indian tribes will merit particular notice. 

" The results of your common deliberations hitherto will, I 
trust, be productive of solid and durable advantages to our 
constituents ; such as, by conciliating more and more their ulti- 
mate suffrage, will tend to strengthen and confirm their attach- 
ment to that constitution of government, upon which, under Di- 
vine Providence, materially depend their union, their safety, and 
their happiness. 

" Still further to promote and secure these inestimable ends, 
there is nothing which can have a more powerful tendency, than 
the careful cultivation of harmony, combined with a due re- 
gard to stability in the public councils. 

" G. Washington." 

"United States, November 6th, 1792." 

Messrs. Strong, King, and Rutherford, were appointed a com- s. Journal, 
mittee of the Senate, to prepare an address in answer to his P-455,456, 
speech; and a draft of an address was reported on the following 
day. The draft having been considered and amended on the 
8th, and the President having appointed 11 o'clock of the 9th 
to receive the address, it was then presented by the president pro 
tempore, attended by the Senate, at the President's house, as 
follows: — 

" To the President of the United States: — 
Address of u Accept, sir, our grateful acknowledgments for your ad- 

Senate, dress at the opening of the present session. We participate with 
you in the satisfaction arising from the continuance of the gene- 
ral prosperity of the nation, but it is not without the most sin- 
cere concern that we are informed that the reiterated efforts which 
have been made to establish peace with the hostile Indians, have 
hitherto failed to accomplish that desired object. Hoping that 
the measures still depending may prove more successful than 
those which have preceded them, we shall, nevertheless, concur 
in every necessary preparation for the alternative; and, should 
the Indians on either side of the Ohio persist in their hostilities, 



HISTORY OF CONGRESS. 139 



CHAP. I. Organization of Houses— Rules, &c. 1792-93. 



2d congress, fidelity to the Union, as well as affection for our fellow citizens 

2d Session. ... . . 

on the frontiers, will ensure our decided co-operation in every 

Address of measur e which shall be deemed requisite for their protection and 
safety. 

"At the same time that we avow the obligation of the go- 
vernment to afford its protection to every part of the Union, we 
cannot refrain from expressing our regret that even a small por- 
tion of our fellow citizens, in any quarter of it, should have 
combined to oppose the operation of the law for the collection 
of duties on spirits distilled within the United States: a law re- 
peatedly sanctioned by the authority of the nation, and, at this 
• juncture, materially connected with the safety and protection of 
those who oppose it. Should the means already adopted fail in 
securing obedience to this law, such further measures as may be 
thought necessary to carry the same into complete operation, 
cannot fail to receive the approbation of the legislature, and the 
support of every patriotic citizen. 

"It yields us particular pleasure to learn, that the productive- 
ness of the revenue of the present year will, probably, supersede 
the necessity of any additional tax for the service of the next. 

" The organization of the government of the state of Ken- 
tucky, being an event peculiarly interesting to a part of our 
fellow citizens, and conducive to the general order, affords us 
particular satisfaction. 

"We are happy to learn, that the high state of our credit 
abroad has been evinced by the terms in which the new loans 
have been negotiated. 

" In the course of the session, we shall proceed to take into 
consideration the several objects which you have been pleased to 
recommend to our attention; and, keeping in view the import- 
ance of union and stability in the public councils, we shall la- 
bour to render our decisions conducive to the safety and happi- 
ness of our country. 

" We repeat with pleasure our assurances of confidence in 
your administration, and our ardent wish that your unabated zeal 
for the public good may be rewarded by the durable prosperity 
of the nation, and every ingredient of personal happiness. 

"John Langdon, 
" President pro tempore." 

To this address the President of the United States made the 
following reply : — 
Reply of u I derive much pleasure, gentlemen, from your very -satis- 
President. f ac t ry address. The renewed assurances of your confidence in 



140 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1792-93. 



2^ congress, my administration, and the expression of your wish for my per- 
sonal happiness, claim and receive my particular acknowledg- 
ments. In my future endeavour for the public welfare, to which 
my duty may call me, I shall not cease to count upon the firm, 
enlightened, and patriotic support of the Senate. 

"G. Washington." 

House re- On the 7th, the House of Representatives resolved that an H. Journal, 
S resent Id- address snould be presented to the President, and Messrs. Ma- J^ 14 ' 615, 
dress. dison, Benson, and Murray, were appointed a committee to pre- 

pare the same. Mr. Madison, from this committee, reported an 
address on the 9th, which, being amended and agreed to, was 
presented to the President of the United States on the 12th of 
November, by the speaker, attended by the House, as fol- 
lows: — 
Address to Sir: The House of Representatives, who always feel a satis- id. p. 616, 
faction in meeting you, are much concerned that the occasion 
for mutual felicitation, afforded by the circumstances favourable 
to the national prosperity, should be abated by a continuance of 
that hostile spirit of many of the Indian tribes; and, particular- 
ly, that the reiterated efforts for effecting a general pacification 
with them should have issued in new proofs of their persevering 
enmity, and the barbarous sacrifice of citizens, who, as the mes^ 
sengers of peace, were distinguishing themselves by their zeal 
for the public service. In our deliberations on this important 
department of our affairs, we shall be disposed to pursue every 
measure that may be dictated by the sincerest desire, on one 
hand, of cultivating peace, and manifesting, by every practica- 
ble regulation, our benevolent regard for the welfare of these 
misguided people; and, by the duty we feel, on the other, to 
provide, effectually, for the safety and protection of our fellow 
citizens. 

" While with regret we learn, that symptoms of opposition to 
the law imposing duties on spirits distilled within the United 
States have manifested themselves, we reflect with consolation, 
that they are confined to a small portion of our fellow citizens. 
It is not more essential to the preservation of true liberty, that 
a government should be always ready to listen to the represen- 
tations of its constituents, and to accommodate its measures to 
the sentiments and wishes of every part of them, as far as will 
consist with the good of the whole, than it is, that the just au- 
thority of the laws should be steadfastly maintained. Under this 
impression, every department of the government, and all good 
•"itizens, must approve the measures you have taken, and the 



HISTORY OF CONGRESS. HI 



Chap. I. Organization of Houses— Rules, &c. 1792-93. 



5d S°' ,?ress * P ur P ose y ou h ave formed, to execute this part of your trust with 
firmness and energy: and be assured, sir, of every constitu- 
President. ^ on ^ a ^ an( ^ co-operation which may become requisite on our 
part. And we hope, that, while the progress of contentment 
under the law in question is as obvious as it is rational, no parti- 
cular part of the community may be permitted to withdraw 
from the general burdens of the country, by a conduct as irre- 
concilable to national justice as it is inconsistent with public de- 
cency. 

" The productive state of the public revenue, and the con- 
firmation of the credit of the United States abroad, evinced by 
the loans at Antwerp and Amsterdam, are communications the 
more gratifying, as they enforce the obligation to enter on 
systematical and effectual arrangements for discharging the 
public debt, as fast as the conditions of it will permit; and we 
take pleasure in the opportunity to assure you of our entire con- 
currence in the opinion, that no measure can be more desirable, 
whether viewed with an eye to the urgent wish of the commu- 
nity, or the intrinsic importance of promoting so happy a change 
in our situation. 

" The adoption of a constitution for the state of Kentucky, is 
an event in which we join in all the satisfaction you have ex- 
pressed. It may be considered as particularly interesting, since, 
besides the immediate benefits resulting from it, it is another 
auspicious demonstration of the facility and success with which 
an enlightened people is capable of providing, by free and deli- 
berate plans of government, for their own safety and happiness 

" The operation of the law establishing the post office, as it 
relates to the transmission of newspapers, will merit our parti- 
cular inquiry and attention — the circulation of political intelli- 
gence through these vehicles, being justly reckoned among the 
surest means of preventing the degeneracy of a free govern- 
ment, as well as of recommending every salutary public measure 
to the confidence and co-operation of all virtuous citizens. 

" The several other matters which you have communicated 
and recommended, will, in their order, receive the attention due 
to them ; and our discussions will, in all cases, we trust, be guided 
by a proper respect for harmony and stability in the public coun- 
cils, and a desire to conciliate more and more the attachment of 
our constituents to the constitution, by measures accommodated 
to the true ends for which it was established." 

To which address the President of the United States made 
the following reply : — 



142 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &c. 1792-93. 



Id seSlon s ' " ^ eni ^ emen •' ^ gives me pleasure to express to you the satis- H. Journal, 
faction which your address affords me. I feel, as I ought, the p * 618, 

President! approbation you manifest of the measures I have taken, and the 
\ purpose I have formed, to maintain, pursuant to the trust reposed 
in me by the constitution, the respect which is due to the laws ; 
and the assurance which you, at the same time, give me, of eve- 
ry constitutional aid and co-operation that may become requisite, 
on your part. 

" This is a new proof of that enlightened solicitude for the 
establishment and confirmation of public order, which, embracing 
a zealous regard for the principles of true liberty, has guided the 
deliberations of the House of Representatives; a perseverance 
in which can alone secure, under the Divine blessing, the real 
and permanent felicity of our common country. 

" G. Washington." 

Purchase On the 28th of November, the secretary of the Senate was di- s. Journal, 
of maps. fected tQ purchase a map f the United States, and maps of the P- 46a 
respective states, for the use of the Senate. 

A motion was made on the 3d of January, 1793, that the Se- 
nate adopt the following resolutions : — 

" Resolved — That the Senate of the United States are indivi- id. p. 467, 
vidually responsible for their conduct to their constituents, who 468, 
are entitled to such information as will enable them to form a 
just estimate thereof. 

"Resolved — That the Journals are too voluminous and expensive 
to circulate generally ; and if it were otherwise, that the infor- 
mation they contain, as to the principles, motives, and designs, of 
individual members, is inadequate. 

«' Resolved — That this information, defective as it is, becomes 
more nugatory and delusive, in proportion as the occasion for it 
increases, since the Senate make their own Journals. 

" Resolved — That the conducting of the legislative and judicial 
powers of the Senate in public, and suffering an account of their 
measures and deliberations to be published in the newspapers, is 
the best means of diffusing general information concerning the 
principles, motives, and conduct, of individual members; and that, 
by withholding this information, responsibility becomes unavail- 
ing ; the influence of their constituents over one branch of the le- 
gislature, in a great measure, annihilated ; and the best security 
which experience has devised against the abuse of power and a 
maladministration, abandoned. 



HISTORY OF CONGRESS. 143 



CHAP. I. Organization of Houses— Rules, &c 1792-93. 



2d confess. "Resolved, therefore, — That it be a standing rule that the doors 

2d Session. ^ * 

~~~ of the senate chamber remain open, whilst the Senate shall be 

Motion to , . , . • j. . 1 

open doors sitting in a legislative or judicial capacity, except on such occa- 
of Senate. s i ons aS) m their judgment, may require secrecy: and that this 
rule shall commence and be in force on the first day of the next 
session of Congress. 

"Resolved — That the secretary of the Senate request the com- 
missioners of the city and county of Philadelphia to cause a pro- 
per gallery to be erected for the accommodation of an audience." 

Considera- A motion to print these resolutions was negatived, and their s. Journal, 
ti °n d P ° St " cons ideration was postponed till the first Monday in February. P* 478, 
On the 4th of February, the subject was again taken up. A 
motion was then made for the previous question, namely— whe- 
ther the question should be now put on the four preliminary 
resolutions; and the question being taken by yeas and nays, it 
was decided as follows: — 

Yeas — Messrs. Burr, Butler, Edwards, Gunn, Monroe, Potts, 
Tavlor.— 7. 

Nays — Messrs. Bassett, Bradley, Brown, Cabot, Dickinson, Ells- 
worth, Foster, Hawkins, Henry, Johnston, Izard, King, Langdon, 
Morris, Read, Robinson, Rutherford, Sherman, Stanton, Strong, 
Wingate.— 21. 

Motion ne- The question was then taken on agreeing to the main ques- 
gatived. ^ on> De i n g the fifth resolution; and the yeas and nays being 
called, it was decided as follows: — 

Yeas — Messrs. Brown, Burr, Butler, Edwards, Gunn, Hawkins, 
King, Monroe, Potts, Taylor. — 10. 

JSfays — Messrs. Bassett, Bradley, Cabot, Dickinson, Ellsworth, 
Foster, Henry, Johnston, Izard, Langdon, Morris, Read, Robin- 
son, Rutherford, Sherman, Stanton, Strong, Wingate. — 18. 

The last resolution was then negatived without a division. 

On the 18th of February, the following message was received 
from the President of the United States : — 

" Gentlemen of the Senate and House of Representatives: — 

Plat of ter- " I now lay before you a report and plat of the territory of id. p. 489. 

ntory on ^ e Tj m ^ e( j States on the Potomac, as given in by the commis- 
sioners of that territory, together with a letter from the secreta- 
ry of state, which accompanied them. The papers, being origi- 
nal, are to be again deposited with the records of the depart- 



144 HISTORY OF CONGRESS. 



Chap. I. Organization of Houses— Rules, &x. 1792-93. 



?J S n - ?ress " meu t of state, after having answered the purpose of your infor- 
mation, 

" G. Washington. 

" United States, February 18, 1/93." 

Order to On the 2d of March, the Senate passed an order, " that the s. Journal, 
J^J 11 °"" Secretary return all original papers not addressed to the Senate, p * 505 ' 
pers. which have been laid before them, during the present session, 

by the President, or by any of the heads of departments." 
Examining On the 5th of February, the House of Representatives ap- H. Journal, 
President P°i nte d Messrs. W. Smith, Madison, and Lawrance, a commit- p * 

tee, on their part; and on the 6th, the Senate appointed Messrs. S. Journal, 
King, Izard, and Strong, to be their committee, " to ascertain p " 
and report the mode of examining the votes for President and 
Vice-President; and of notifying the persons who shall be elect- 
ed, of their election; and to regulate the time, place, and man- 
ner of administering the oath of office to the President." On the H. Journal, 
11th, the joint committee reported to the two houses; and in pur- &| ' * 
suance of this report, the House of Representatives repaired to 
the Senate chamber on the 13th, when the votes were counted 
in the presence of both houses, and George Washington was de- S. Journal, 
clared to be unanimously elected President of the United States, 435 
and John Adams, by a plurality of votes, elected Vice-President, 
for the period of four years. On the 14th, a joint committee H. Journal, 
w-as appointed to notify the President of his election; consisting p " 70j * 
of Messrs. W. Smith, Madison, and Lawrance, of the House, and 
Messrs. King, Izard, and Strong, of the Senate; and on the fol- 
lowing day, this committee reported that they had performed the 
duty assigned to them. 
Bill for The House of Representatives, on the 20th of February, ap- Id.p.r09— 
next annu- pointed Messrs. Muhlenberg, W. Smith, and Sedgwick, a com- 713 - 715 - 
of Con-" mittee to bring in a bill fixing the time for the next annual meet- 
grcss. ing of Congress. On the 22d, the bill was reported, received 
its first and second readings, and on the 23d the bill was passed 
by the house. In the Senate the bill received its first reading s. Journal, 
on the 23d, was read a second time, and amended on the 25th, 495 
and on the 26th it was read a third time. On the 27th the House h. Journal, 
disagreed to the amendments made by the Senate, and on the P- 72 °- 
same day, the Senate determined to adhere to their amendments, s. Journal; 
The House having, on the 2Sth, resolved to insist on their disa- p# 497 ' 
greement, desired a conference with the Senate, on the subject 
matter of the same, and appointed Messrs. Livermore, Muhlen- h. Journal, 
berg, and W. Smith, to be managers of the said conference, on P* 723 ' 
the part of the House. The Senate having agreed to the pro- 



HISTORY OF CONGRESS. 145 



Chap. I. Organization of Houses— Rules, &c. 1792-93. 



MSte«!Jn SS " P ose( * C0n ^ er ence, appointed Messrs. Gunn, Taylor, and Lang- s. Journal, 
don, to be managers of the said conference, on their part. On P- 498 - 509 - 
the 2d of March, this committee reported to the two houses, H. Journal, 
"that they could not come to any agreement:" and thus the p * 732, 
bill was defeated. 

Election of On the 1st of March the Vice-President being absent, the Se- S. Journal, 

President nate p roceec j ec i to the election of a president pro tempore, and p# 499, 
John Langdon was elected. 

Committee Both houses having brought their business to a close, appoint- id. p. 505. 

Pre7ident. n ec *> on Saturday evening, the 20th of March, a joint committee, 
consisting of Messrs. Johnson and Rutherford, of the Senate, 
and Messrs. Boudinot, Sedgwick, and Hindman, of the House, 
to wait on the President, and inform him that Congress was 

Thanks to about to adjourn. The thanks of the house were then unani- H. Journal, 

s P e er - njously voted to Jonathan Trumbull, "in testimony of their ap- P* 735m 

probation of his conduct in the chair, and in the execution of the 

difficult and important trust reposed in him as speaker of the 

said house." The speaker then addressed the house as follows: — 

Speaker's * ' Gentlemen: You have made me very happy by this testimony 

reply. of your approbation of my conduct in the chair. I feel, at the same 
time, an additional pleasure in this opportunity of rendering to you 
my sincere acknowledgments for the kind candour and indulgence, 
as well as the constant aid and support, which I have experienced 
in the performance of the duty which you were pleased to assign 
me. Be assured, gentlemen, I shall ever retain a grateful sense 
of your goodness: and you will suffer me to add, that my best 
wishes for your welfare and happiness, in public and private life, 
will attend each member of this honourable body." 

officers to By a previous resolution of the house, it had been resolved id. p. 731. 

remain till t k at ^ e c ] er k door-keeper, and assistant door-keeper of the house- 
successors 7 ■.-.-. ., 
appointed, should be deemed to continue in office, until successors should 

be appointed. 

The joint committee having reported that the President had 

Adjourn- no further communications to make, the two houses then ad- 
ment. . , . ,. 

journed, sine die. 



Vol. L— 19 



146 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Ratifications— Amendments, &c. 1790. 



1st Congress. 



CHAPTER H. 

Ratifications of Constitution — Amendments proposed to States — Ratifications of 
Amendments — Census — Apportionment of Representation — Officers to fill Va- 
cancies in Office — Time of choosing Electors — Transmission of Votes — Com- 
pensation Bill — Judiciary — Salaries — Processes — Courts — Fugitives from Jus- 
tice — Crimes and Punishments — Prisoners' — Private Claims — Admission of 
Kentucky and Vermont. 

Ratifica- Previously to the assembling of the First Congress at the city s. Journal, 

tionofCon- f Xew York, New Hampshire, Massachusetts, Connecticut, New P- 104 - 

stitution by . - . ' l ' 

11 States." York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 

South Carolina, and Georgia, had ratified the Constitution. The 
By North ratification of the Constitution by the state of North Carolina, H. Journal, 
aro ** took place in a convention of the " freemen, citizens, and inha- p ' ° ' 
bitants," of that state, on the 21st of December, 1789, and was 
communicated to the two houses of Congress, in a message from id. p. 299. 
the President of the United States, on the 11th of January, 1790. 
By Rhode The state of Rhode Island and Providence Plantations, in con- S. Journal, 
ul * nd ' vention, ratified the Constitution on the 29th of May, 1790, en- Pj^' 158 
joining it upon her senators and representatives to use all their 
influence to obtain the adoption, by Congress, of twenty-one 
amendments, which are specified and attached to the act of ra- 
tification. The first communication of the fact, by the President H. Journal, 
of the United States, to Congress, was made on the 1st of June, 300—303? 
1790; and a copy of the act of ratification was transmitted to 
each house on the 16th of June. The amendments proposed by 
the state of Rhode Island are as follows: — 

Amend- "First. The United States shall guaranty to each state its 
mCn d P b > sovere 'S n *J r » freedom, and independence, and every power, juris- 
R. island.* diction, and right, which is not by this Constitution expressly de- 
legated to the United States. 

"Second. That Congress shall not alter, modify, or interfere 
in, the times, places, or manner, of holding elections for senators 
and representatives, or either of them, except when the legisla- 
ture of any state shall neglect, refuse, or be disabled by invasion 
or rebellion, to prescribe the same; or in case when the provision 
made by the states is so imperfect, as that no consequent election 
is had, and then only until the legislature of such state shall make 
provision in the premises. 



HISTORY OF CONGRESS. 147 



Chap. II. The Constitution— Ratifications— Amendments, &c. 1790. 



1st congress. " Third. It is declared by the convention, that the judicial 
Amend- power of the United States, in cases in which a state may be a 
ment H P h° P ar ty' does u °t extend to criminal prosecutions, or to authorize 
R. Island, any suit by any person against a state ; but, to remove all doubts 
or controversies respecting the same, that it be especially ex- 
pressed, as a part of the Constitution of the United States, that 
Congress shall not, directly, or indirectly, either by themselves, or 
through the judiciary, interfere with any one of the states in the 
redemption of paper money already emitted and now in circula- 
tion, or in liquidating or discharging the public securities of any 
one state : that each and every state shall have the exclusive 
right of making such laws and regulations for the before-men- 
tioned purpose, as they shall think proper. 

"Fourth. That no amendments to the Constitution of the United 
States, hereafter to be made, pursuant to the fifth article, shall 
take effect, or become a part of the Constitution of the United 
States, after the year one thousand seven hundred and ninety- 
three, without the consent of eleven of the states heretofore 
united under one confederation. 

"Fifth. That the judicial powers of the United States shall ex- 
tend to no possible case, where the cause of action shall have ori- 
ginated before the ratification of this Constitution, except in dis- 
putes between the states about their territory; disputes between 
persons claiming lands under grants of different states; and debts 
due to the United States. 

" Sixth. That no person shall be compelled to do military duty 
otherwise than by voluntary enlistment, except in cases of gene- 
ral invasion ; any thing in the second paragraph of the sixth ar- 
ticle of the Constitution, or any law made under the Constitution, 
to the contrary notwithstanding. 

" Seventh. That no capitation or poll tax shall ever be laid by 
Congress. 

" Eighth. In cases of direct taxes, Congress shall first make re- 
quisitions on the several states to assess, levy, and pay, their re- 
spective proportions of such requisitions, in such way and man- 
ner as the legislatures of the several states shall judge best ; and 
in case any state shall neglect or refuse to pay its proportion, 
pursuant to such requisition, then Congress may assess and levy 
such state's proportion, together with interest, at the rate of six 
per cent, per annum, from the time prescribed in such requisition. 

" Ninth. That Congress shall lay no direct taxes without the 
consent of the legislatures of three-fourths of the states in the 
Union. 



148 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Ratifications— Amendments, &c. 17901 



1st congress. u Tenth. That the Journals of the proceedings of the Senate 

Amend- and House of Representatives, shall be published as soon as con- 

men d P b°- vernen ^J raa y De > at l east once m every year, except such parts 

R. island/ thereof, relating to treaties, alliances, or military operations, as 

in their judgment require secrecy. 

" Eleventh. That regular statements of the receipts and ex- 
penditures of all public moneys, shall be published at least once 
a year. 

" Twelfth. As standing armies in time of peace are dangerous 
to liberty, and ought not to be kept up except in cases of ne- 
cessity, and, as at all times the military should be under strict 
subordination to the civil power, that, therefore, no standing 
army, or regular troops, shall be raised, or kept up in time of 
peace. 

" Thirteenth. That no moneys be borrowed on the credit of the 
United States, without the assent of two-thirds of the senators 
and representatives present in each house. 

" Fourteenth. That the Congress shall not declare war, with- 
out the concurrence of two-thirds of the senators and repre- 
tentatives present in each house. 

" Fifteenth. That the words * without the consent of Con- 
gress,' in the seventh clause in the ninth section of the first arti- 
cle of the Constitution, be expunged. 

" Sixteenth. That no judge of the Supreme Court of the United 
States shall hold any other office under the United States, or 
any of them: nor shall any officer appointed by Congress, or by 
the President and Senate of the United States, be permitted to 
hold any office under the appointment of any of the states. 

" Seventeenth. As a traffic tending to establish or continue the 
slavery of any part of the human species, is disgraceful to the 
cause of liberty and humanity, that Congress shall, as soon as 
may be, promote and establish such laws and regulations as may 
effectually prevent the importation of slaves of every descrip- 
tion into the United States. 

" Eighteenth. That the state legislatures have power to recall, 
when they think it expedient, their federal senators, and to send 
others in their stead. 

•• Xineleenlh. That Congress have power to establish a uniform 
rule of inhabitancy or settlement of the poor of the different 
states, throughout the United States. 

" Twentieth. That Congress erect no company with exclusive 
advantages of commerce. 

*• Twenty-fr^t. That when two members shall move or call for 



HISTORY OF CONGRESS. 149 



Chap. II. The Constitution— Ratifications— Amendments, &c. 1790. 



ist congress, the ayes and nays on any question, they shall be entered on the 
Journals of the houses respectively." 

}8j congress. During the first session of the first Congress, Mr. Benson sub- 1789. 

mitted to the House of Representatives a motion that the house Lloyd's 

go into committee of the whole, on the state of the Union, in Co 1 n : Re £'A 
. vol.i. p.410 

order to consider the following resolution: — — 414. 

" The Congress of the United States do resolve and declare it 
to be their most earnest desire, that the legislature of the State 
of Rhode Island and Providence Plantations do recommend to 
the people of that state to choose delegates to meet in conven- 
tion, and to whom the Constitution of the United States is to be 
submitted, conformably to the unanimous resolution of the United 

States in Congress assembled, of the 28th of September, 1787." 

* 

Some debate took place on this motion, when the previous 
question being demanded, it was determined that the main ques- 
tion should not now be put. 

Applica- On the 5th of May, 1789, Mr. Bland, a representative from H. Journal, 
gink for*" Virginia, presented to the House of Representatives the follow- p * 28 > 29# 
amend- i n g application, in the name and behalf of the legislature and 
commonwealth of Virginia : — 

"VIRGINIA, to wit:— 

"In General Assembly ', November 14th, 1788. 
" Resolved — That an application be made in the name and on 
behalf of the legislature of this commonwealth to the Con- 
gress of the United States, in the words following, to wit :— 

" The good people of this commonwealth, in convention as- 
sembled, having ratified the Constitution submitted to their con- 
sideration, this legislature has, in conformity to that act, and the 
resolutions of the United States, in Congress assembled, to them 
transmitted, thought proper to make the arrangements that were 
necessary for carrying it into effect. Having thus shown them- 
selves obedient to the voice of their constituents, all America 
will find that so far as it depended on them, that plan of govern- 
ment will be carried into immediate operation. 

" But the sense of the people of Virginia would be but in part 
complied with, and but little regarded, if we went no further. 
In the very moment of adoption, and coeval with the ratification 
of the new plan of government, the general voice of the con- 
vention of this state pointed to objects no less interesting to the 
people we represent, and equally entitled to our attention. At 



150 HISTORY OF CONGRESS. 



CtLAT. II. The O m UMhI j w i F i M ih iMi — i 1 m end:, 17S9. 



die same time that, from motives of affection to our sister states, 
" the convention yielded their assent to the ratification, they gave 

c^Sripi^ ^ ie most ro^inv 0031 ! proofs that they dreaded its operation un- 
pan der the present form. 

■ acceding to Hie government, nnder this impression, pain- 
ful must have been the prospect, had they not derived conso- 
lation from a full expectation of its imperfections being speedi- 
ly amended. In this resource, therefore, they placed their con- 
fidence — a confidence that will continue to support them, whilst 
they have reason to befieve that they have not calculated upon 
it in vain. 

" In making known to yon the objections of the people of this 
commonwealth to the new plan of government, we deem it unne- 
cessary to enter into a particular detail of its defects, which they 
consider as involving all the great and unalienable rights of free- 
men. For their sense on this subject, we beg leave to refer you 
to the proceedings of their late convention, and the sense of the 
house of delega: Dressed in their resolutions of the 30th 

We think proper, however, to declare, that, in our opinion, 
I these objections were not founded in speculative theory, but 
deduced from principles which have been established by the me- 
lancholy example of other nations in different ages, so they will 
never be removed, until the cause itself shall cease to exist 
The sooner, therefore, the public apprehensions are quieted, and 
the government is possessed of the confidence of the people, the 
more salutary will be its operations, and the longer its duration. 
"The cause of amendment we consider as a common cause: 
and, since concessions have been made from political mot: 
which, we conceive, may endanger the republic, we trust that a 
commendable zeal will be shown for obtaining those provisions, 
which experience has taught us are necessary to secure from 
danger the unalienable rights of human nature. 

be anxiety with which our countrymen press for the ac- 
tnshment of this important end, will ill admit of delay. The 
forms of congressional discussion and recommendation, if. 
indeed, they should ever agree to any change, would, we fear. 
be less certain of success. Happily for their wishes, the Consti- 
hath presented an alternative, by admitting the submis- 
to a convention of the st this, therefore, we resort 

the source from whence they are to derive relief from their 



v do, therefore, in behalf of our constituents, in the most 



HISTORY OF CONGRESS. 151 



Chap. II. The Constitution— Ratifications— Amendments, &c. 1789. 



1st congress, earnest and solemn manner, make this application to Congress, 
that a convention be immediately called of deputies from the se- 
tionofvir- vera ^ sta * es > w * tn ^ P ower to take into their consideration the 
ginia. defects of this Constitution that have been suggested by the state 

conventions, and report such amendments thereto as they shall 
find best suited to promote our common interests, and secure to 
ourselves, and our latest posterity, the great and unalienable 
rights of mankind. 

" John Jones, 
" Speaker of Senate. 
" Thomas Mathews, 
" Speaker of House of Delegates" 

Mr. Bland moved to refer this application to a committee of 
the whole on the state of the Union, and the motion was second- 
ed by Mr. Parker. But the motion was subsequently waived, 
and it was agreed to enter the application at large on the Jour- 
nal ; as it was deemed by Mr. Madison and others that Congress 
had no right to enter upon the subject of a convention to amend 
the Constitution, until required to do so by two-thirds of the 
states. 

Mr. Lawrance, a representative from New York, presented to 
the house, on the following day, the following application, in the 
name and behalf of the legislature of that state : — 

" State of New York. 
"In Assembly, February 5th, 1789. 

Applica- " Resolved — If the honourable the Senate concur therein, that H. Journal 
N°wYork an a PP lication be made to the Congress of the United States of P- 29 > 30 * 
America, in the name and behalf of the legislature of this state, 
in the words following, to wit : — 

" The people of the state of New York having ratified the 
convention agreed to on the 17th day of September, in the year 
of our Lord 1787, by the convention then assembled at Phila- 
delphia, in the state of Pennsylvania, as explained by the said 
ratification, in the fullest confidence of obtaining a revision of 
the said Constitution by a general convention : and in confidence 
that certain powers in and by the said Constitution granted", 
would not be exercised, until a convention should have been 
called and convened for proposing amendments to the said Con- 
stitution. In compliance, therefore, with the unanimous sense 
of the convention of this state, who all united in opinion, that 
such a revision was necessary to recommend the said constitute 



152 HISTORY OF CONGRESS. 



Ceap. II. The Constitution— Ratifications— Amendments, &c. 1789. 



1st confess, tion to the approbation and support of a numerous body of their 

1st Session. -. • . !T , 

constituents : and a majority of the members of which conceived 
tionofNew severa ^ articles of the Constitution so exceptionable, that nothing 
York. but such confidence, and an invincible reluctance to separate from 

our sister states, could have prevailed upon a sufficient number 
to assent to it. without stipulating for previous amendments : and 
from a conviction that the apprehensions and discontents which 
these articles occasion, cannot be removed or allayed, unless an 
act to revise the said Constitution be among the first that shall 
be passed by the new Congress; we, the legislature of the state 
of Xew York, do, in behalf of our constituents, in the most ear- 
nest and solemn manner, make this application to the Congress, 
that a convention of deputies from the several states be called 
as early as possible, with full powers to take the said Constitution 
into their consideration, and to propose such amendments there- 
to, as they shall find best calculated to promote our common in- 
terests, and secure to ourselves, and our latest posterity, the great 
and unalienable rights of mankind. 

44 By order of the assembly : 

"John Lansing, jr., 

" Speaker. 
"Jm Senate, February 7, 1789. 
" By order of the Senate. 

"Pierbe Yjlx Cobtxasdt, President." 

Subject The first action of Congress upon this subject was on the 8th h. Journal, 
moved in f J un e, when a motion was made in the House of Representa- P- 46- 
tives, that the house do come to a resolution, stating certain 
specific amendments proper to be proposed by Congress to the 
legislatures of the states, to become, if ratified by three-fourths 
thereof, part of the Constitution of the United States, w T hich 
motion was referred to the consideration of the committee of the 
whole house on the state of the Union. On the 21st of July, 
the house, on motion, ordered that the committee of the whole 
house on the state of the Union be discharged from proceeding 
on this motion; and that the said motion, together with the 
amendments to the said Constitution, as proposed by the several 
states, be referred to a committee, to consist of a member from 
each state, with instruction to take the subject of amendments to 
the Constitution of the United States, generally, into their con- 
sideration, and to report thereupon to the house: and the fol- 
Committee lowing committee was appointed: Messrs. Vining, Madison, u. p . 64. 
appointed. Baldwin, Sherman, Burke, Clymer, Benson, Gilman, Goodhue, 
Reported. Boudinot. and Gale. Mr. Vining made a report from this commit- id. p. 66. 



HISTORY OF CONGRESS. 153 



CHAP. II. The Constitution— Ratifications— Amendments. &c. 1789. 



ist congress, tee on the 2Sth of July, which was read and ordered to lie on the 

1st Session. 

: — " table. And, on the 3d of August, the house resolved, that it H.Journal, 

Consider- would, on Wednesday the 12th, resolve itself into a committee p 
mittee COI of °^ ^c wno ^ e nouse to ta ^e the subject into consideration. On 
the whole, the 13th, the house went into committee of the whole on the re- 
port, which occupied the committee daily until the 18th, on 
Amend- which day the committee reported several amendments. Pre- 
ments. viously to the house going into committee on the 18th, the fol- 
lowing motion was submitted: — 

" That such of the amendments to the Constitution, proposed id. p. 81. 
by the several states, as are not in substance comprised in the 
report of the select committee appointed to consider amend- 
Motion ments, be referred to a committee of the whole house; and that 
all the amendments which shall be agreed to by the committee 
last mentioned, be included in one report. " 



submitted. 



The previous question having been demanded by five mem- 
bers — " Shall the main question, to agree to the said order, be 
now put?" — on the question, " Shall the main question be now 
put?" — the ayes and noes being required, it was decided as fol- 
lows: — 

tftyes — Messrs. Burke, Coles, Floyd, Gerry, Griffin, Grout, 
Hathorn, Livermore, Page, Parker, Van Rensselaer, Sherman, 
Stone, Sturges, Sumpter, Tucker. — 16. 

Noes — Messrs. Ames, Baldwin, Benson, Boudinot, Brown, 
Cadwalader, Carroll, Clymer, Fitzsimons, Foster, Gilman, Good- 
hue, Hartley, Heister, Huntington, Lawrance, Lee, Madison, jr., 
Moore, Muhlenberg, Partridge, Schureman, Scott, Sedgwick, 
Seney, Silvester, Sinnickson, Smith, of Maryland, Smith, of 
South Carolina, Thatcher, Trumbull, Vining, Wadsworth, 
Wynkoop. — 34. 

Proposi- ® n the 18th, it was moved that the following propositions of id. p , 82. 
tion to a- amendment to the Constitution of the United States be referred 
stitution. to a committee of the whole house; to wit: — 

" Article 1, Section 2 , Clause 2. — At the end, add these 
words: 'nor shall any person be capable of serving as a repre- 
sentative more than six years, in any term of eight years.' 

" Clause 3. — At the end, add these words: 'from and after 
the commencement of the year 1795, the election of senators 
for each state shall be annual: and no person shall be capable of 
serving as a senator more than five years, in any term of six 
years.' 

Vol. I.— 20 



154 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Ratifications— Amendments, &.c. 1789. 



ist congress. " Section 4, Clause 1. — Strike out the words, < But the Con- 

lst Session. • i i -i i • 

gress may, at any time, by law, make or alter such regulations, 

Proposi- except as to the places of choosing senators. ' 
mend Con- " Section 5, Clause 1. — Amend the first part to read thus: 
stitution. <Each state shall be the judge (according to its own laws) of the 
election of its senators and representatives to sit in Congress, 
and shall furnish them with sufficient credentials; but each house 
shall judge of the qualifications of its own members. A majo- 
rity of said houses shall constitute,' &c. 

" Clause 2. — Strike out these words: < and, with the concur- 
rence of two-thirds, expel a member;' and insert the word 'and,' 
after the word * proceedings.' 

"Section 6, Clause 2. — Amend, to read thus: ' No person, 
having been elected, and having taken his seat as a senator or re- 
presentative, shall, during the time for which he was elected, be 
appointed to any civil office under the authority of the United 
States; and no person,' &c. 

"Article 1, Section 8, Clause 1. — At the end, add these words: 
'No direct tax shall be laid, unless any state shall have neglect- 
ed to furnish, in due time, its proportion of a previous requisi- 
tion; in which case, Congress may proceed to levy, by direct 
taxation, within any state so neglecting, its proportion of such 
requisition, together with interest, at the rate of six per cent, 
per annum, from the time it ought to have been furnished, and 
the charges of levying the same.' 

" Clause 9. — Strike out the words, * tribunals inferior to the 
Supreme Court,' and insert the words, ' Courts of Admiralty.' 

" Clause 17. — At the end, add these words: 'Provided, That 
the Congress shall not have authority to make any law to pre- 
vent the laws of the states respectively, in which such district 
or places may be, from extending to such district or places in all 
civil and criminal matters, in which any person, without the li- 
mits of such district or places, shall be a party aggrieved.' 

u Section 9, Clause 7. — Strike out the words, ( without the 
consent of the Congress;' and amend to read thus: < shall accept 
of any present or emolument, or hold any office or title of any 
kind whatever, from any king, prince, or foreign state: Pro- 
vided, That this clause shall not be construed to affect the rights 
of those persons (during their own lives) who are now citizens 
of the United States, and hold foreign titles.' 

" Section 10, Clause 2. — Amend the first sentence to read 
thus: ' No state shall lay any duties on imports or exports, or 
any duty of tonnage, except such as shall be uniform in their 



HISTORY OF CONGRESS. 155 



CHAP. II. The Constitution— Ratifications— Amendments, &c. 1789. 



istcongress. operation on all foreign nations, and consistent with the existing 

1st Session. r ... . ,. r 11 

treaties; and also uniform m their operation on the citizens 01 all 

tiG^ri the several states in the Union.' 

mend Con- " Article 2, Section 1, Clauses. — At the end, add these 
sbtution. WO rds: ' nor shall any person be capable of holding the office of 
President of the United States more than eight years in any 
term of twelve years.' 

" Section 2, Clause 1. — Strike out the words, 6 be command- 
er-in-chief,' and insert, * have power to direct (agreeably to law) 
the operations." 

" Clause 3. — At the end, add these words: "He shall also 
have power to suspend from his office, for a time not exceeding 
twelve months, any officer whom he shall have reason to think 
unfit to be intrusted with the duties thereof; and Congress may, 
by law, provide for the absolute removal of officers found to be 
unfit for the trust reposed in them.' 

"Article 3, Section 1. — From each sentence strike out the 
words, < inferior courts,' and insert the words, « Courts of Ad- 
miralty.' 

" Section 2, Clause 1. — Strike out the words, c between a 
state and citizens of another state,' &c, to the end, and amend 
to read thus: ■ between a state and foreign states, and between 
citizens of the United States, claiming the same lands under 
grants of different states.' 

"Article 6, Clause 3. — Between the word * no,' and the word 
' religious,' insert the word, * other.' " 

Negatived. On the question of the commitment of these propositions, it H. Journal, 
was decided in the negative. P* 83 » 84, 

Decision On the 19th and 20th of August, the house was occupied in id. p. 85, 
on report ^ e cons id era tj on f the amendments made by the committee of 86 « 
tee. the whole house to the report of the committee of eleven; and, 

on the 20lh, the said amendments being partly agreed to, and 
partly disagreed to, the house proceeded to consider the original 
report of the committee of eleven, consisting of seventeen arti- 
Adoption cles, as now amended; and the sixteen first articles were agreed 
of sixteen t0j two-thirds of the members concurring. The articles agreed 
to are as follows: — 

" 1. After the first enumeration, there shall be one represent- 
ative for every thirty thousand, until the number shall amount 
to one hundred ; after which the proportion shall be so regulated 
by Congress, that there shall be not less than one hundred re- 
presentatives, nor less than one representative for every for- 



1 SI fflSTOKY OF C 



Ohu IL TleOiiiiiiM WNifMii— ii i toWLfcc 1739. 



gg gM^ ty thousand persons, until the nomber of representatives shall 
" amount to two hundred; after whieh the proportion shall be so 

Afe 1 * "* regulated, that there shall not be less than two hundred repre- 
sentatives, nor less than one representative for every fifty then- 



"2. No law varying the compensation of members of Con- 
gress shall take effect until an election of representatives shall 
: i~i ;::r-::r:. 

" 3. Congress shall make no law establishing religion, or pro- 
zt :':.::. v.- z :r.r :':-£ r::;::.5r -.'.-.ere::: i:r 5 hill ±t righis of ::i- 
5.:iri:-e be lifriig-ff. 

"4. The freedom of speech, and of ihe press, and the right 
of the people peaceably to assemble, and consult for their com- 
mon good, and to apply to the government lor redress of grie* 
v;i:i5. siill -.:: z= irfriigel. 

A -ell regulated militia, composed of the body of the peo- 
ple, being the best security of a free state, the right of the peo- 
ple to keep and bear arms shall not be infringed; but no one re- 
ligiously scrupulous of bearing arms shall be compelled to ren- 
ier -'.:.. ;i:r serv;;e ::. z^:s:z. 

" 6. No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner; nor in time of war, but 
in a manner to be prescribed by law. 

- ~ No person shall be subject, except in case of impeach- 
ment, to more than one trial, or one punishment for the same of- 
or shall be compelled, in any criminal case, to be wit- 
against himself; nor be deprived of life, liberty, or proper- 
ty, without due process of law; nor shall private property be 
taken for public use, without just compensation. 

ail shaft not be required; nor excessive fines 
imposed : nor cruel and unusual punishments inflicted. 

«* 9. TTie right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated; and no warrants shall issue, but 
upon probable cause, supported by oath or affirmation, and par- 
ticularly describing the place to be searched, and the persons or 
things to be seized. 

. The enumeration in this Constitution of certain ri _ 
shall not be construed to deny or disparage others retained by 
the people. 

. No state shall infringe the right of trial by jury in cri- 
minal cases ; nor the rights of conscience : nor the freedom of 
or of the press. 



HISTORY OF CONGRESS. 157 



Chap. IT. The Constitution— Ratifications— Amendments, Sue. 1789. 



1st congress. " 12. No appeal to the Supreme Court of the United States 

1st Session. rr r 

shall be allowed where the value in controversy shall not amount 
artkles Pted to one tnousana * dollars ; nor shall any fact, triable by a jury, ac- 
cording to the course of the common law, be otherwise re-exa- 
minable than according to the rules of common law. 

" 13. In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial; to be informed of the nature 
and cause of the accusation; to be confronted with the witnesses 
against him ; to have compulsory process for obtaining witnesses 
in his favour; and to have the assistance of counsel for his de- 
fence. 

" 14. The trial of all crimes (except in cases of impeachment, 
and in cases arising in the land or naval forces, or in the militia 
when in actual service in time of war or public danger,) shall be 
by an impartial jury of the vicinage, with the requisite of unani- 
mity for conviction, the right of challenge, and other accustomed 
requisites ; and no person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or indictment 
by a grand jury ; but if a crime be committed in a place in the 
possession of an enemy, or in which an insurrection may prevail, 
the indictment and trial may by law be authorized in some other 
place within the same state. 

" 15. In suits at common law, the right of trial by jury shall 
be preserved. 

"16. The powers delegated by the Constitution to the go- 
vernment of the United States, shall be exercised as therein 
appropriated; so that the legislature shall never exercise the 
powers vested in the executive or judicial; nor the executive the 
powers vested in the legislative or judicial; nor the judicial the 
powers vested in the legislative or executive. " 

The 17th article of amendment, reported by the committee, is 
as follows: — 

" The powers not delegated by the Constitution, nor prohi- 
bited by it to the states, are reserved to the states respectively." 

Motion to A motion was made to amend this article, by inserting, after h. Journal, 
amend . the third word, ("not,") the word "expressly." And the P* 86, 
cle. ayes and noes being required on this question, it was decided as 

follows: — 

Jiyes — Messrs. Burke, Coles, Floyd, Gerry, Grout, Hathorn, 

Jackson, Livermore, Page, Parker, Partridge, Van Rensselaer, 

Smith, of South Carolina, Stone, Sumpter, Thatcher, Tucker.—* 

17. 



158 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Ratifications — Amendments, &c. 17S9. 



1st congress. Abes — Messrs. Ames, Benson, Boudinot, Brown, Cadwala- 
— ~"~ der, Carroll, Clymer, Fitzsimons, Foster, Gale, Gilman, Good- 
Negatived, hue, Hartley, Heister, Lawrance, Lee, Madison, jr., Moore, 

Muhlenberg, Schureman, Scott, Sedgwick, Seney, Sherman, 

Silvester, Sinnickson, Smith, of Maryland, Sturges, Trumbull, 

Vining, Wadsworth, Wynkoop. — 32. 

The article was then agreed to in the original form, two-thirds 

of the members concurring. 

Motion to It was then moved to add to the others, the following arti- H. Journal, 
add an- cle:— p. 86, 87. 

other arti- 
cle. " Congress shall not alter, modify, or interfere in, the times, 

places, or manner of holding elections of senators, or representa- 
tives, except when any state shall refuse, or neglect, or be una- 
ble, by invasion or rebellion, to make such election." 

The question on this motion being required by ayes and noes, 
it was decided as follows: — 

Jlyes — Messrs. Burke, Coles, Floyd, Gerry, Griffin, Grout, 
Hathorn, Heister, Jackson, Livermore, Mathews, Moore, Page, 
Parker, Partridge, Van Rensselaer, Seney, Silvester, Smith, of 
South Carolina, Stone, Sumpter, Thatcher, Tucker. — 23. 
Negatived. Noes — Messrs. Ames, Benson, Boudinot, Brown, Cadwalader, 
Carroll, Clymer, Fitzsimons, Foster, Gale, Gilman, Goodhue, 
Hartley, Lawrance, Lee, Madison, jr., Muhlenberg, Schureman, 
Scott, Sedgwick, Sherman, Sinnickson, Smith, of Maryland, 
Sturges, Trumbull, Vining, Wadsworth, Wynkoop. — 28. 

Motion to The subject being again taken up for consideration on the 22d id. p. 87, 
add an- of August, a motion was made to add to the amendments already 88, 
mendnLt. a g reed to, the following article:— 

" The Congress shall never impose direct taxes, but where 
the moneys arising from the duties, imposts, and excise, are in- 
sufficient for the public exigencies; nor then, until Congress shall 
have made a requisition upon the states, to assess, levy, and pay, 
their respective proportions of such requisitions; and, in case any 
state shall neglect or refuse to pay its proportion pursuant to 
such requisition, then Congress may assess and levy such state's 
proportion, together with interest thereon, at the rate of six joer 
cent, per annum, from the time of payment prescribed by such 
requisition. " 

The question on this motion being taken by ayes and noes, 
it was decided in the negative, by the following vote: — 



HISTORY OF CONGRESS. 159 



Chap. II. The Constitution— Ratifications— Amendments, &c. 1789. 



1st congress. Jlyes — Messrs. Burke, Coles, Floyd, Grout, Hathorn, Liver- 

~ — ~ more, Van Rensselaer, Sumpter, Tucker. — 9. 

Negatived. Noes — Messrs. Ames, Benson, Brown, Cadwalader, Carroll, 
Clymer, Fitzsimons, Foster, Gale, Gerry, Gilman, Goodhue, 
Hartley, Heister, Jackson, Lawrance, Lee, Madison, jr., Ma- 
thews, Moore, Muhlenberg, Page, Parker, Partridge, Schure- 
man, Scott, Sedgwick, Seney, Sherman, Silvester, Sinnickson, 
Smith, of Maryland, Smith, of South Carolina, Stone, Sturges, 
Thatcher, Trumbull, Vining, Wadsworth.— 39. 

Various It was then moved further to amend the Constitution, as fol- h. Journal, 

motions to J 0W s: p. 88. 

amend. 

"Article 1, Section 8, Clause 9. — Strike out the words * tri- 
bunals inferior to the Supreme Court,' and insert the words 

* Courts of Admiralty.' " 

But this motion was decided in the negative. 

A motion was then made further to amend the Constitution, 
as follows: — 

" In the third section of the sixth article, insert the word 

* other ' between the word ' no ' and the word ' religious.' " 

This motion was also negatived. 

It was then further moved to add the following to the other 
amendments. 

" That Congress erect no company of merchants with exclu- 
sive advantages of commerce." 

This motion was also determined in the negative. 

A motion was then made to add the following amendment:— 

" Congress shall at no time consent, that any person holding 
an office of trust or profit under the United States, shall accept 
of a title of nobility, or any other title or office, from any king, 
prince, or foreign state." 

This motion was also decided in the negative. 

Committee No other proposition to amend being brought forward, the h. Journal,, 

to arrange house appointed Messrs. Benson, Sherman, and Sedgwick to be P- 89, 
articles. . , r 

a committee to prepare and report a proper arrangement of, and 

introduction to, the articles of amendment, as they had been 
agreed to. This committee, on the 24th, reported an arrange- 
ment of the articles of amendment, and a resolution proper to 
be prefixed to the same, which was agreed to as follows : — 



160 HISTORY OF CONGRESS. 



Cbxp. II. The Constitution— Ratifications— Amendments, &.c. 1769. 



1st congress. " Resolved by the Senate and House of Representatives of the 

~ United States of America, in Congress assembled, two-thirds of both 

houses deeming it necessary — That the following articles be pro- 
posed to the legislatures of the several states, as amendments to 
the Constitution of the United States ; all, or any of which arti- 
cles, when ratified by three-fourths of the said legislatures, to be 
valid, to all intents and purposes, as part of the said Constitu- 
tion." 

Sent to the And in this form the resolution was transmitted to the Senate s. Journal, 
Senate. on the 25th of August The articles having been read pro for- P" ** 64 ' 
ma, in the Senate, on the same day, an unsuccessful motion was 
made to postpone their consideration to the next session of Con- 
gress. It was then ordered that Monday, the 31st, be assigned 
for the consideration of the subject. The intervention of other 
business prevented the Senate from taking up this subject until 
Wednesday, the 2d of September, when the amendments were 
brought up for consideration. 

The first article being before the Senate, to wit: — 
Proposi- " After the first enumeration required by the first article of id. p. 69, 
mend* *" ^ e Constitution, there shall be one representative for every 
thirty thousand, until the number shall amount to one hun- 
dred," &c. 

A motion was made to strike out the word " one " before 
" hundred," and insert the word " two." The yeas and nays 
being required on this question, it was decided in the negative 
by the following vote : — 

Yeas — Messrs. Dalton, Gunn, Grayson, King, Lee, Schuyler. 
—6. 

Nays — Messrs. Bassett, Butler, Carroll, Ellsworth, Elmer, 
Henry? Johnson, Izard, Morris, Paterson, Read, Wingate. — 12. 

The article was then amended, by striking out all the lan- 
guage which succeeds in the original proposition, to wit: — 

" After which, the proportion shall be so regulated by Con- 
gress, that there shall not be less than one hundred representa- 
tives, nor less than one representative for every 40,000 persons, 
until the number of representatives shall amount to two hundred ; 
after which, the proportion shall be so regulated by Congress, 
that there shall not be less than two hundred representatives, 
nor less than one representative for every 50,000 persons ;" — 

And by substituting the following clause after the words " one 
hundred," to wit : — 



HISTORY OF CONGRESS. 161 

1789. 



CHAP. II. The Constitution— Ratifications— Amendments, &c. 



1st congress. « To which number one representative shall be added, for every 

l et Session. m r 

subsequent increase of forty thousand, until the representatives 
shall amount to two hundred; to which one representative shall be 
added for every subsequent increase of sixty thousand persons." 
And, in this amended form, it was agreed to. 

Motions to On the following day, the consideration of the amendments was S. Journal, 
amend. resumed. The second article, commencing, " No law, varying p * 
2d article, the compensation^ the members of Congress" &c, was amended, 
by striking out the words, " to the members of Congress," and in- 
serting the words, " for the service of the Senate and House of 
Representatives of the United States." 
3d article. The third article, as it passed the house, stands thus: "Con- 
gress shall make no law establishing religion, or prohibiting the 
free exercise thereof; nor shall the rights of conscience be infringed" 
The first motion to amend this article was by striking out these 
words: "Religion, or prohibiting the free exercise thereof," and in- 
serting these words : " One religious sect or society in preference to 
others." This motion was negatived. A motion for reconsideration 
then prevailed, and it was moved to strike out the third article al- 
together ; but this motion was decided in the negative. An un- 
successful attempt was then made to adopt, as a substitute for the 
third article, the following : " Congress shall not make any law 
infringing the rights of conscience, or establishing any religious 
sect or society." The question was then taken on the adoption 
of the third article, as it came from the House of Representa- 
tives, when it was decided in the negative. Finally, the words, 
" Nor shall the rights of conscience be infringed," were stricken 
out ; and, in this form, the article was agreed to. 
4th article. The fourth article was then taken up, namely : " The freedom 
of speech and of the press, and the right of the people peaceably 
to assemble and consult for their common good, and to apply to the 
government for redress of grievances, shall not be infringed." It 
was moved to insert, after the words "common good," these 
words : " to instruct their representatives." On this question, the 
yeas and nays being required, it was decided as follows : — 
Yeas — Messrs. Grayson and Lee. — 2. 

Nays — Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, 
Gunn, Henry, Johnson, Izard, King, Morris, Paterson, Read, Win- 
gate. — 14. 

A motion was then made to insert after the word " press," 
these words: "in as ample a manner as hath at any time been 
secured by the common law ;" but this motion was unsuccessful; 
Vol. I.-— 21 



162 HISTORY OF CONGRESS. 



CHAP. II. The Constitution— Ratifications— Amendments, &c. 1789. 



1st congress, as also was a subsequent motion to strike out the words, "and 

1st Session. , " 

consult for their common good, and." The further consideration 

Motions to of this article was then postponed until the next day, (the 4th,) 

when it was adopted in the following form : — " That Congress s. Journal, 
shall make no law abridging the freedom of speech, or of the p 
press, or the right of the people peaceably to assemble and con- 
sult for their common good, and to petition the government for a 
redress of grievances." 
5th article. The fifth article being under consideration, in its order, a mo- 
tion was made to subjoin to it the following proposition, namely : 
" That standing armies, in time of peace, being dangerous to li- 
berty, should be avoided, as far as the circumstances and protec- 
tion of the community will admit ; and that, in all cases, the mi- 
litary should be under strict subordination to, and governed by, 
the civil power; that no standing army or regular troops shall be 
raised in time of peace, without the consent of two- thirds of the 
members present in both houses, and that no soldier shall be en- 
listed for any longer term than the continuance of the war." 
The yeas and nays being taken on this question, it was decided 
as follows : — 

Yeas — Messrs. Butler, Gunn, Grayson , Henry, Lee, Wingate. — 6. 
JVays — Messrs. Carroll, Dalton, Ellsworth, Elmer, Johnson, 
King, Paterson, Read, Schuyler. — 9. 

The fifth article was then adopted ; so amended as to read as 
follows : — " A well regulated militia being the best security of a 
free state, the right of the people to keep and bear arms shall 
not be infringed." 

The sixth and seventh articles were then agreed to, as they 
came from the House of Representatives. 
8th article. The eighth article was then considered, and after a successful 
motion to strike out these words: "except in case of impeach- 
ment, to more than one trial, or one punishment;" and substitute 
these words: "be twice put in jeopardy of life or limb by any 
public prosecution;" it was agreed to. 

The ninth article was agreed to, as it came from the House of 
Representatives. 
10th arti- The tenth article was also adopted, after striking out all the 
cle * clauses, except the following: — " No person shall be held to an- 

swer for a capital, or otherwise infamous crime, unless on a pre- 
sentment or indictment by a grand jury." 
11th arti- The eleventh article being taken up for consideration, it was 
cle « moved to insert, in lieu of it, the following: "The Supreme Ju- 

dicial Federal Court shall have no jurisdiction of causes between 



HISTORY OF CONGRESS. 163 



Chap. II. The Constitution— Ratifications— Amendments, &c. 1789. 



istcongress. citizens of different states, unless the matter in dispute, whether 

1st Session. 7 * 

it concern the realty or personalty, be of the value of three 
Motions to thousand dollars at the least: nor shall the federal judicial powers 
extend to any action between citizens of different states, where 
the matter in dispute, whether it concern the realty or person- 
alty, is not of the value of fifteen hundred dollars at the least; 
and no part, triable by a jury according to the course of the com- 
mon law, shall be otherwise re-examinable than according to the 
rules of common law." This motion was determined in the ne- 
gative, and the article was then adopted, in the following form: 
" No fact, triable by a jury according to the course of common 
law, shall be otherwise re-examinable in any court of the United 
States, than according to the rules of common law." 
12th arti- On Monday, the 7th, the subject being again before the Se- S. Journal, 
nate, the twelfth article was agreed to, after the addition of these p * ' 
words: "where the consideration exceeds twenty dollars." 

The thirteenth article was then agreed to as it came from the 
House of Representatives: and the fourteenth article was rejected. 
15th arti- When the fifteenth article was under consideration, a motion 
cle « was made to add the following to the proposed amendments; to 

wit: "That the general government of the United States ought 
never to impose direct taxes but where the moneys arising from 
the duties, impost, and excise, are insufficient for the public exi- 
gencies: nor then, until Congress shall have made a requisition 
upon the states to assess, levy, and pay their respective propor- 
tions of such requisitions; and in case any state shall neglect or 
refuse to pay its proportion, pursuant to such requisition, then 
Congress may assess and levy such state's proportion, together 
with interest thereon, at the rate of six per cent, per annum, 
from the time of payment prescribed by such requisition." 
This motion was rejected. 
Motions to An unsuccessful motion was then made to add the following id. p. 73. 
add new to the proposed amendments: " That the third section of the 
ments. sixth article of the Constitution of the United States ought to be 
amended, by inserting the word * other/ between the words 
* no,' and < religious.' " 

It was then moved, with like success, to add the following 
amendment to the Constitution: li That Congress shall not exer- 
cise the powers vested in them by the fourth section of the first 
article of the Constitution of the, United States, but in cases 
where a state shall neglect or refuse to make regulations therein 
mentioned, or shall make regulations subversive of the rights of 
the people, to a free and equal representation in Congress, agree- 
ably to the Constitution." 



104 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Ratifications— Amendments, &c. 1789. 



1st congress. A motion was then made, and negatived, to subjoin the follow- 

1st Sfi^sion. 

■ — " ing to the articles of amendment: " That Congress shall not 

erect any company of merchants with exclusive advantages of 
commerce." 

A further motion was then made, without success, to add the 
following to the list of amendments: " That Congress shall at 
no time consent that any person holding an office of trust or 
profit under the United States, shall accept of a title of nobility, 
or any other title or office, from any king, prince, or foreign 
state." 

It was then moved, to subjoin the following to the amend- 
ments: " That no person indebted to the United States shall be 
entitled to a seat in either branch of the legislature;" and this 
motion also was negatived. 

The fifteenth article of amendment was then agreed to; and 
the sixteenth article was rejected. 
17th arti- The seventeenth article was then considered; and a motion to 

c • amend, by inserting the word " expressly " before the word " de- 

legated" having been negatived, the article in the following 
amended form was agreed to — " The powers not delegated to 
the United States by the Constitution, nor prohibited by it to the 
states, are reserved to the states respectively, or to the people." 

Preamble. A motion was then made to amend the preamble : but the fur- 
ther consideration of this motion was postponed until to-morrow. 
And, on the 8th of September, the consideration was resumed 
of this motion to amend, by preceding the preamble proposed by 
the House of Representatives as follows : " The conventions of 
a number of the states having, at the time of their adopting the 
Constitution, expressed a desire, in order to prevent misconstruc- 
tion or abuse of its powers, that further declaratory and restric- 
tive clauses sfiould be added ; and, as extending the grounds of 
public confidence in the government will best ensure the benefi- 
cent ends of its institution." The question being taken on this 
motion to amend, it passed in the affirmative. The preamble 
was then further amended in the line reading thus: " two-thirds 
of both houses deeming it necessary" by striking out the words 
" deeming it necessary" and inserting the word " concurring." 

Motions to It was then moved to add the following clause to the articles 

add new f amenc iment: "That there are certain natural rights, of 
amend- ° 

ments. which men, when they form a social compact, cannot deprive 

or divest their posterity; among which are the enjoyment of 
life and liberty, with the means of acquiring, possessing, and pro- 
tecting property, and pursuing and obtaining happiness and safe- 
tv." This motion was determined in the negative. 



HISTORY OF CONGRESS. 165 



Chap. II. The Constitution— Ratifications— Amendments, &c. 1789. 



1st confess. The following propositions to add new articles of amendment 

1st Session. . 

were then successively made and decided in the negative. 
Amend- 1. " That all power is naturally vested in, and, consequently, s. Journal, 
posed and derived from, the people; that magistrates, therefore, are their P*' 4 — ' 6 * 
rejected, trustees and agents, and, at all times, amenable to them. 

2. " That government ought to be instituted for the common 
benefit, protection, and security of the people ; and that the doc- 
trine of non-resistance against arbitrary power and oppression is 
absurd, slavish, and destructive of the good and happiness of 
mankind. 

3. " That no man, or set of men, are entitled to exclusive or 
separate public emoluments or privileges from the community, 
but in consideration of public services, which, not being descend- 
ible, neither ought the offices of magistrate, legislator, or judge, 
or any other public officer, to be hereditary. 

4. "That the legislative, executive, and judicial powers of 
government should be separate and distinct, and that the mem- 
bers of the two first may be restrained from oppression, by feel- 
ing and participating the public burdens : they should, at fixed 
periods, be reduced to a private station, return into the mass of 
the people, and the vacancies be supplied by certain and regu- 
lar elections, in which all or any part of the former members to 
be eligible or ineligible, as the rules of the constitution of go- 
vernment and the laws shall direct. 

5. " That every freeman restrained of his liberty, is entitled 
to a remedy, to inquire into the lawfulness thereof, and to re- 
move the same, if unlawful, and that such remedy ought not to 
be denied nor delayed. 

6. " That every freeman ought to find a certain remedy, Jby 
recourse to the laws, for all injuries and wrongs he may receive 
in his person, property, or character ; he ought to obtain right 
and justice, freely, without sale; completely, and without denial; 
promptly, and without delay ; and that all establishments or re- 
gulations contravening these rights, are oppressive and unjust. 

7. " That the members of the Senate and House of Repre- 
sentatives shall be ineligible to, and incapable of, holding any ci- 
vil office under the authority of the United States, during the 
time for which they shall respectively be elected. 

8. " That the Journals of the proceedings of the Senate and 
House of Representatives shall be published, at least, once in 
every year, except such parts thereof relating to treaties, alli- 
ances, or military operations, as, in their judgment, require se- 
crecy. 



166 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Ratifications— Amendments, &.c. 1759. 



istcongTess, 9. " That a regular statement and account of the receipts and 

-ion. ° r 

expenditures of all public money, shall be published at least once 

Amend- in every year, 
posed *aiid 10 - " That no commercial treaty shall be ratified without the 
rejected, concurrence of two-thirds of the whole number of the members 
of the Senate; and no treaty, ceding, contracting, restraining, or 
suspending the territorial rights or claims of the United States, 
or any of them, or their, or any of their rights or claims to fish- 
ing in the American seas, or navigating the American rivers, 
shall be but in cases of the most urgent and extreme necessity : 
nor shall any such treaty be ratified without the concurrence of 
three-fourths of the whole number of the members of both houses 
respectively. 

11. " That no navigation law, or law regulating commerce, 
shall be passed without the consent of two-thirds of the members 
present in both houses. 

12. M That no standing army, or regular troops, shall be raised 
or kept up in time of peace, without the consent of two-thirds of 
the members present in both houses. 

13. "That no soldier shall be enlisted for any longer term 
than four years, except in time of war, and then for no longer 
term than the continuance of the war. 

14. M That each state, respectively, shall have the power to 
provide for organizing, arming, and disciplining its own militia, 
whensoever Congress shall omit or neglect to provide for the 
same; that the militia shall not be subject to martial law, except 
when in actual service, in time of war, invasion, or rebellion : 
and when not in the actual service of the United States, shall be 
subject only to such fines, penalties, and punishments, as shall be 
directed or inflicted by the laws of its own state. 

15. " That the exclusive power of legislation given to Con- 
gress over the federal town and its adjacent district, and other 
places purchased or to be purchased by Congress of any of the 
6tates, shall extend only to such regulations as respect the police 
and good government thereof. 

16. "That no person shall be capable of being President of 
the United States for more than eight years in any term of six- 
teen years. 

17. "That the judicial power of the United States shall be vest- 
ed in one Supreme Court, and in such Courts of Admiralty as Con- 
gress may. from time to time, ordain and establish in any of the 
different states : the judicial powers shall extend to all cases in 
law and equity, arising under treaties made, or which shall 



HISTORY OF CONGRESS. 167 



Chap. II. The Constitution— Ratifications— Amendments, &c. 1789. 



let congress, made, under the authority of the United States; to all cases af- 

lst Session. J 

fecting ambassadors, other foreign ministers, and consuls ; to all 
Amend- cases of admiralty and maritime jurisdiction ; to controversies to 
posed and which the United States shall be a party; to controversies be- 
rejected. tween two or more states; and between parties claiming lands 
under the grants of different states. In all cases affecting am- 
bassadors, other foreign ministers, and consuls, and those in which 
a state shall be a party, the Supreme Court shall have original 
jurisdiction: in all other cases before mentioned, the Supreme 
Court shall have appellate jurisdiction as to matters of law only, 
except in cases of equity, and of admiralty and maritime jurisdic- 
tion, in which the Supreme Court shall have appellate jurisdic- 
tion, both as to law and fact, with such exceptions, and under 
such regulations, as the Congress shall make. But the judicial 
power of the United States shall extend to no case where the 
cause of action shall have originated before the ratification of this 
Constitution ; except in disputes between states about their terri- 
tory; disputes between persons claiming lands under the grants 
of different states, and suits for debts due to the United States." 

18. " That Congress shall not alter, modify, or interfere in, the 
times, places, or manner, of holding elections for senators and re- 
presentatives, or either of them, except when the legislature of 
any state shall neglect, refuse, or be disabled, by invasion or re- 
bellion, to prescribe the same." 

19. " That some tribunal, other than the Senate, be provided 
for trying impeachments of senators. " 

£0. " That the salary of a judge shall not be increased or di- 
minished during his continuance in office, otherwise than by ge- 
neral regulations of salary, which may take place on a revision 
of the subject, at stated periods of not less than seven years, to 
commence from the time such salaries shall be first ascertained 
by Congress." 

All these propositions to amend having been disposed of, the 
further consideration of the amendments was postponed until 
the following day. 

On the 9th of September, the subject was resumed. The third s. Journal, 
article was then amended to read as follows: " Congress shall V- 77 ' 
make no law establishing articles of faith, or a mode of worship, 
or prohibiting the free exercise of religion, or abridging the free- 
dom of speech, or the press, or the right of the people peace- 
ably to assemble, and petition to the government for the redress 
of grievances." 

The fourth article was then stricken out. 



168 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Batifications— Amendments, &x. 1789. 



1st congress. The fifth article was then again made the subject of an amend- 

lst Session. m ° J 

ment. It was moved, to insert the words, " for the common 
Amend- defence," but the motion was not successful. A motion to strike 

pcSed SS out the words > u the best >" in the second line, and to insert, in 
rejected, lieu thereof, the words, "necessary to the," prevailed. The ar- 
ticle was then further amended, by striking out the word " fifth," 
after "article the," and inserting the word "fourth," and by 
making the article read as follows: " A well regulated militia 
being [necessary to*] the security of a free state, the right of the 
people to keep and bear arms shall not be infringed." 

A motion was then made, and agreed to, to alter article the 
sixth, so as to stand article the fifth; and article the seventh, so 
as to stand article the sixth; and article the eighth, so as to stand 
article the seventh. 

The last named article was then amended, so as to read as fol- 
lows: M No person shall be held to answer for a capital or other- 
wise infamous crime, unless on a presentment or indictment of 
a grand jurj^, except in cases arising in the land or naval forces, 
or in the militia, when in actual service, in time of war or pub- 
lic danger; nor shall any person be subject to be put in jeopardy 
of life or limb, for the same offence; nor shall be compelled, in 
any criminal case, to be a witness against himself; nor be de- 
prived of life, liberty, or property, without due process of law; 
nor shall private property be taken for public use without just 
compensation." 

The ninth article was then amended, so as to read " eighth. " 
The tenth and eleventh articles were then stricken out; and the 
twelfth article was so amended as to read u ninth." This arti- 
cle was then so amended as to read as follows: "In suits at com- 
mon law, where the value in controversy shall exceed twenty 
dollars, the right of trial by jury shall be preserved; and no fact, 
tried by a jury, shall be otherwise re-examined in any court of 
the United States than according to the rules of common law." 

A motion was then made to reconsider article the tenth, and 
to restore the words following: " The trial of all crimes (except 
in cases of impeachment, and in cases arising in the land or naval 
forces, or in the militia when in actual service, in time of war 
or public danger,) shall be by an impartial jury of the vicinage, 
with the requisite of unanimity for conviction, the right of chal- 
lenge, and other accustomed requisites." On this question, the 
yeas and nays being required, it was decided as follows: — 

* The words between brackets are, by mistake, omitted in the Journal. 



HISTORY OF CONGRESS. iqq 



Chap. II. The Constitution— Ratifications— Amendments, &e. 1789. 



1st confess. Yeas — Messrs. Bassett, Dalton, Grayson, Gunn, Henry, Lee, 

1st Session. ' ' • » J i 7 

~ Paterson, Schuyler. — 8. 

Senate dis- 

poses of iV^s — Messrs. Carroll, Ellsworth, Johnson, Izard, King, 

the amend- Morris, Read, Wingate.— S. 
ments. ' , , . 

The numbers being equal, the question was lost. 

The numbers of the remaining articles were then changed, to 

correspond with the other changes which had been made; and 

the concurrence of the Senate in the resolution of the House, 

with amendments, was then ordered to be communicated to the 

House of Representatives. 

House acts On the 19th of September, the House of Representatives made h. Journal, 
upont em. some p r0 g ress i n the consideration of the amendments made by P- 115 » 116 « 
the Senate: and, on the 21st, the House adopted the following 
resolutions: — 

" Resolved — That this house doth agree to the second, fourth, 
eighth, twelfth, thirteenth, sixteenth, eighteenth, nineteenth, 
twenty-fifth, and twenty-sixth amendments: and doth disagree to 
the first, third, fifth, sixth, seventh, ninth, tenth, eleventh, four- 
teenth, fifteenth, seventeenth, twentieth, twenty-first, twenty-se- 
cond, twenty-third, and twenty-fourth amendments, proposed 
by the Senate to the said articles, two-thirds of the members 
present concurring on each vote: 
House de- " Resolved — That a conference be desired with the Senate on 
sires a con- ^ e su |,j ec t ma tter of the amendments disagreed to, and that Mr. 
Madison, Mr. Sherman, and Mr. Vining, be appointed managers 
of the same on the part of this house." 

On receiving these resolutions from the house, the Senate de- s. Journal, 
termined to recede from their third amendment, and to insist on P* 84# 
all the others : at the same time the Senate passed the following 
resolution: — 
Senate a- " Resolved — That the Senate do concur with the House of Re- 
grees to a p resen tatives in a conference on the subject matter of disagree- 
ence. ment on the said articles of amendment, and that Messrs. Ells- 

worth, Carroll, and Paterson, be managers of the conference on 
the part of the Senate." 

Report On the 23d, Mr. Madison made a report to the House of Re- h. Journal, 
andresolu- p resen tatives on the subject, which was taken up for considera- P* 120— 
House of tion on the 24th; whereupon, 

tatives. " Resolved — That this house doth recede from their disagree- 

ment to the first, third, fifth, sixth, seventh, ninth, tenth, ele- 
venth, fourteenth, fifteenth, seventeenth, twentieth, twenty-first, 
Vol. L— 22 



hbctmt or coxcatcss. 




twoi rc-aecond, twenty-third, and rwenty-lboTth 

co bj the Senate: Pwm&ei, That flic tiro 
bj the amendments of the Senate are now proposed to 

- ::-::- - :L= :i.:_ -: ,__:.:_ ::::.- -:.... :-e r.nicLfei :.o 
: = :. i :■.: :.:~i.L. — 

■ .-:. •-..-'; -":- : •:' C:r::-::i5 fril rr:.V- :: :--:-::-:i:r; :::::- 
::' :r. :.r.:r. :: :::'.._.:._:: /i- ::-■-. :j.::::^ :ic :■£■•::': 
the freedom of speech, or ©f the press; or the fight 

rtz: ;":■: ?. .-=-:_- fs.= ::' ;:i-"ii:e: 

~jlrtmk Ife «*£. In al criminal prosecniions, the 

tialjury of the slate and district wherein the crime shall have 

*:•—- :;--■_■.::■: :. ~_::1 ::•:.-::: ii:.... ::~: :-r:::::~.::.v :■->:::■ 
Liir_=-i :t li— . :.:; ;.; Vf ir_;:;~i-i ::' :;.c :r.i:: 11: ::._.^ ::' 
the accusation; to he confronted with the witnesses agamst him; to 
Lit; :.;zlzzL*::j ::::::•:':: :":::zl:: -iiii:—-:- lr_ _:5 lit;-:: zjlz 
i: Lit; ;i; ;.i;_ : :i: :; ::' .-".Lise* :':; :._5 iiiziiz. 

*And prsz&d, miss, That the first article be amended by 
striking oot the word - less," in the last place of the said first ar- 
ticle, and inserting:, in hen thereof the word z \ 

Id Ike 
it 

-::~l. Cif- 
Chiner, Contee, Ficemnons, Foster. Gale, Gil- 
Hartley, Lee, Leonard, Madison, jr., 

:::>::.?::::::::;■:. >:"--jjfT.\z. S-::::. S=~ 
Skester, Smnkkaon, Smith, of Maryland, Smith, 
of South Carohna, Stone, Thatcher, TrombalL Tiring, White, 




JI&&— Messrs. Bland, Bnrke, Coles, Hoyd, Gerry, Grant, Ha- 
Tarlrmn,, Lhrermore. Mathews. Page, Tan Rensseber, 
r, Tncker.— 14. 

"RaKkxd— That the President of the United States he re- 
qnested to transmit to the executives of the several states, which 
have ratified die Gonstitntion, conies of the *-~l-- »#» pro. 
posed by Congress to be added thereto; and Eke copies to the 
; of the states of Rhode Island and Sorih 



Ii :L-: >-: • - . -- - -V: L..,--::± r,i:t u- 



HISTORY OF CONGRESS. 



171 



Chap. IL 



1st Congress. 
1st Session. 

Report to 
the Senate. 



The Constitution— Ratifications— Amendments, &c. 



1789. 



Senate 
concurs 
with 
House. 



Form in 
which the 
amend- 
ments pass- 
ed. 



" That it will be proper for the House of Representatives to S. Journal, 
agree to the said amendments, proposed by the Senate, with an p * ' 
amendment to their fifth amendment, so that the third article 
shall read as follows : — ' Congress shall make no law respecting 
an establishment of religion, or prohibiting the free exercise 
thereof; or abridging the freedom of speech, or of the press, or 
the right of the people peaceably to assemble, and petition the 
government for a redress of grievances :' and, with an amend- 
ment to the fourteenth amendment proposed by the Senate, so that 
the eighth article, as numbered in the amendments proposed by 
the Senate, shall read as follows : — * In all criminal prosecutions, 
the accused shall enjoy the right to a speedy and public trial, by 
an impartial jury of the district wherein the crime shall have 
been committed, as the district shall have been previously ascer- 
tained by law, and to be informed of the nature and cause of the 
accusation; to be confronted with the witnesses against him; and 
to have compulsory process for obtaining witnesses in his favour ; 
and to have the assistance of counsel for his defence.' 

" The managers were also of opinion that it would be proper 
for both houses to agree to amend the first article, by striking out 
the word 'less,' in the last line but one, and inserting in its 
place the word ' more,' and, accordingly, recommend that the 
said article be reconsidered for that purpose." 

This report was ordered to lie for consideration. In the mean Id - P- fi 7, 
time, the resolutions of the House were communicated to the Se- 
nate ; and on the 25th, the Senate adopted the following resolu- 
tion : — 

" Resolved — That the Senate do concur in the amendments pro- 
posed by the House of Representatives to the amendments of the 
Senate." 

And on the following day, the Senate acquiesced in the reso- id. p. 90, 
lution of the House, requesting the President of the United States 
to transmit copies of the amendments to the executives of the 
respective states. 

The form in which the amendments finally passed the two 
houses, is as follows : — 

"PROPOSED AMENDMENTS TO THE CONSTITUTION: 

" The conventions of a number of the states having", at the time of their adopt- 
ing the Constitution, expressed a desire, in order to prevent misconstruction 
or abuse of its powers, that further declaratory and restrictive clauses should 
be added; and as extending the ground of public confidence in the govern- 
ment will best ensure the beneficent ends of its institution — 

" Resolved by the Senate and House of Representatives of the United 
States of America, in Congress assembled, two-thirds of both houses 



Id. p, 96, 

97. 



HISTORY OF CONGRESS. 



Cxir.H. TteCW>.U» Wnifinl—. ^niHnl fa. 



coiicurring — That the following articles be proposed to the le- 
gislatures oi the several states, as amendments to the Constitution 
of the United States, all or any of which articles, when ratified 
by three-fourths of the said legislatures, to be valid, to all intents 
and purposes, as part of the said Constitution, viz : — 
«* Articles in addition ta> and amendment o£ the Coostitntioii of the United Stales 
of ^W** 5 **, | M WfMHffll by Congress, and i?&&*<1 by the legislatures of the 
serenl states, pursuant to the fifth article of the original Constitution: — 

"Article L After the first enumeration, required by the first 
article of die Constitution, there shall be one representative for 
every thirty thousand, until the number shall amount to one hun- 
dred; after which, the proportion shall he so regulated by Con- 
gress, that there shall be not less than one hundred representa- 
Qor less than one representative for every forty thousand 
persons, until the number of representatives shall amount to two 
hundred; after which, the proportion shall be so regulated by 
Congress, that there shall not be less than two hundred represen- 
tatives, nor more than one representative for every fifty thousand 



66 Art. It No law, varying the compensation for the servi : esof 
die senators and representatives, shall fake effect until an elec- 
tion of representatives shall have intervened. 

" Art. HI. Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof, or 
abridging the freedom of speech, or of the press, or the right of 
die people peaceably to assemble, and to petition the government 
:":: :-. re::-:-*: : :' r::r"?.r.:es. 

"Art. IV. A well regulated militia being necessary to the se- 
curity of a free state, the right of the people to keep and bear 
arms shall not be infringed. 

"A^ oldier shall, in time of peace, be quartered in any 

house, without the consent of the owner, nor in time of war, but 
in a manner to be prescribed by law. 

1 The right of the people to be secure in their per- 
ms, houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated; and no warrants shall issue but 
upon probable cause, supported by oath or affirmation, and par- 
ticularly describing the place to be searched, and the persons or 
flangs to be seized. 

■ *i rL I'll. —No person shall be held to answer for a capital 
or otherwise infamous crime, unless on a presentment or indict- 
ment of a grand jury, except in cases arising in the land or na- 
val forces, or in the militia when in actual service, in time of war 
or public danger; nor shall any person be subject, for the same 



HISTORY OF CONGRESS. 173 



Chap. II. The Constitution— Ratifications— Amendments. &c. 1789. 



1st congress, offence, to be twice put in jeopardy of life or limb; nor shall be 

"" compelled, in any criminal case, to be a witness against himself; 

Amend- nor ^ e d e p r i ve d of life, liberty, or property, without due pro- 
cess of law; nor shall private property be taken for public use 
without just compensation. 

"Art. VIII. — In all criminal prosecutions, the accused shall 
enjoy the right to a speedy and public trial by an impartial jury 
of the state and district wherein the crime shall have been com- 
mitted, which district shall have been previously ascertained by 
law; and to be informed of the nature and cause of the accusa- 
tion; to be confronted with the witnesses against him; to have 
compulsory process for obtaining witnesses in his favour; and to 
have the assistance of counsel for his defence. 

" Art. IX. In suits at common law, where the value in con- 
troversy shall exceed twenty dollars, the right of trial by jury 
shall be preserved; and no fact, tried by a jury, shall be other- 
wise re-examined in any court of the United States, than accord- 
ing to the rules of common law. 

" Art. X. Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments inflicted. 

" Art. XI. The enumeration in the Constitution of certain 
rights, shall not be construed to deny or disparage others retained 
by the people. 

"Art. XII. The powers not delegated to the United States 
by the Constitution, nor prohibited by it to the states, are re- 
served to the states respectively, or to the people." 

u Frederick Augustus Muhlenberg, 
u Speaker of the House of Representatives. 
"John Adams, 
6i Vice-President of the United States, 
and President of the Senate. 
« Attest, 
" John Beckley, Clerk of the House of Representatives. 
" Samuel A. Otis, Secretary of the Senate." 



SECOND SESSION. 

1st congress. On the 25th of January, 1790, the first ratification of the 1790. 

—- 1 - amendments was transmitted to the two houses by the President "~"~ 

of the United States, accompanied by the following message: — 



174 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Ratifications— Amendments, &c. 1790. 



Maryland. 



1st Congress. " United States, January 25, 1F90. 

2d Session. 

" Gentlemen of the Senate, and House of Representa- 
tives: — 

Ratifica- " I have received from his Excellency John E. Howard, Go- S. Journal, 
^ n Jjy ^ vernor of the state of Maryland, an act of the legislature of Ma- p * 

ryland, to ratify certain articles in addition to, and amendment H. Journal, 
of, the Constitution of the United States of America, proposed P- 155 > 156 - 
by Congress to the legislatures of the several states; and have 
directed my secretary to lay a copy of the same before you, to- 
gether with a copy of a letter accompanying the above act, from 
his Excellency, the Governor of Maryland, to the President of 
the United States. 

" The originals will be deposited in the office of the secretary 
of state. 

" G. Washington." 

The letter of the governor of Maryland encloses the follow- 
ing act of the legislature of that state: — 

" An Act to ratify certain articles in addition to, and amend- 
ment of the Constitution of the United States of Ame- 
rica, proposed by Congress to the Legislatures of the 
several States. 

" Whereas it is provided, by the fifth article of the Constitu- 
tion of the United States of America, that Congress, whenever 
two-thirds of both houses shall deem it necessary, shall propose 
amendments to the said Constitution, or, on the application of 
the legislatures of two-thirds of the several states, shall call a 
convention for proposing amendments; which, in either case, 
shall be valid to all intents and purposes as part of the said Con- 
stitution, when ratified by the legislatures of three-fourths of the 
several states; or by conventions in three-fourths thereof, as the 
one or the other mode of ratification may be proposed by the 
Congress. And whereas, at a session of the United States, be- 
gun and held at the city of New York, on Wednesday, the fourth 
day of March, in the year of our Lord one thousand seven hun- 
dred and eighty-nine, it was resolved, by the Senate and House 
of Representatives of the said United States in Congress assem- 
bled, two-thirds of both houses concurring, that the following 
articles be proposed to the legislatures of the several states as 
amendments to the Constitution of the United States, all, or any 
of which articles, when ratified by three-fourths of the said le- 
gislatures, to be valid to all intents and purposes as part of the 



HISTORY OF CONGRESS. 175 



Chap. II. The Constitution— Ratification?— Amendments, <fec. 1790. 



1st congress, said Constitution. [Here follow the several articles of amend- 
ed Session. u 

ment in the words agreed to by Congress.] 

" Be it enacted, by the General Assembly of Maryland — That the 
aforesaid articles, and each of them, be, and they are hereby, 
confirmed and ratified, 

" By the House of Delegates, December 17, 1789. Read, and 
assented to. 

" By order : W. Harwood, Clerk. 
"By the Senate, December 19, 1789. Read, and assented to. 
" By order : H. Ridgely, Clerk. 
" I. E. Howard, (Seal appendant") 

On the 15th of February, the action of the legislature of New 
Hampshire was communicated by the following message from 
the President of the United States: — 

" United States, February 15, 1790. 
" Gentlemen of the Senate, and House of Representatives : — 
Ratifica- " I have directed my secretary to lay before you the copy of h. journal, 

Ham° fNeW a vote of the le g islature of the state of New Hampshire, to ac- P* 159 ' 
shire. cept the articles proposed in addition to, and amendment of, the s. Journal, 

Constitution of the United States of America, except the second P- l 55 *- 156 * 
article : at the same time will be delivered to you the copy of a 
letter from his Excellency the Governor of the State of New 
Hampshire, to the President of the United States. 

" The originals of the above-mentioned vote and letter will 
be lodged in the office of the secretary of state. 

" G. Washington." 

"Durham, in New Hampshire, January 29, 1790. 

" Sir: I have the honour to enclose you, for the information 

of Congress, a vote of the assembly of this state, to accept all 

the articles of amendment to the Constitution of the United 

States, except the second, which was rejected. 

" I have the honour to be, 

" With the most profound respect, 

"Sir, 

" Your most obedient and very humble servant^ 

"John Sullivan. , 
" The President of the United States." 

" STATE OF NEW HAMPSHIRE. 

" In the House of Representatives, January 25, 1790. 
" Upon reading and maturely considering the proposed amend- 
ments to the federal Constitution, 



176 HISTORY OF CONGRESS. 



Chap. II. Tbe Constitution— Ratifications— Amendments, &e. 1790. 



126,127. 



1st congress. « Voted — To accept the whole of said amendments, except the 

2d Session. u r 

second article : which was rejected. 
" Sent up for concurrence. 

" Thomas Bartlett, Speaker, 
" In Senate, the same day, read and concurred. 

" I. Pearson, Secretary." 

Ratifica- ® n the 20th of February, the members from South Carolina h. Journal, 
tion of presented to the House of Representatives an act " for ratifying, P- 164, 1&7 - 
rolina. on the part of that state, the several articles of amendment to 

the Constitution of the United States, proposed by Congress ; 

and, on the 1st of April, the following message was sent to the 

two houses by the President of the United States : — 

« United States, April 1, 1790. 
" Gentlemen of the Senate, and House of Representatives: — 

" I have directed my private secretary to lay before you a S. Journal, 
copy of the adoption, by the legislature of South Carolina, of p ' 
the articles proposed by Congress to the legislatures of the se- 
veral states, as amendments to the Constitution of the United 
States, together with the copy of a letter from the Governor of 
the state of South Carolina to the President of the United States, 
which have lately come to my hands. 

" The originals of the foregoing will be lodged in the office of 
the secretary of state. 

" G. Washington." 

" Charleston, January 28th, 1790. 
" Sir: I have the honour to transmit you the entire adoption, 
by the legislature of this state, of the amendments proposed to 
the Constitution of the United States. 
" I am, 

u With the most perfect esteem and respect, 
" Your most obedient servant, 

K Charles Pinckney. 
" To the President of the United States." 

" In the House of Representatives. 

" January 18, 1790. 

" The house took into consideration the report of the commit- 
tee, to whom was referred the resolution of the Congress of the 
United States, of the fourth day of March, one thousand seven 
hundred and eighty-nine, proposing amendments to the Constitu- 
tion of the United States, viz: [Here follow the several articles 



HISTORY OF CONGRESS. 177 



Coup. II. The Constitution— Ratifications— Amendments, &c. 1790. 



1st congress, of amendment, in the words agreed to by Congress,] which being 

— read through, was agreed to; whereupon, 

" Resolved — That this house do adopt the several articles ; 
and that they become a part of the Constitution of the United 
States. 

" Resolved — That the resolutions be sent to the Senate for 

their concurrence. 

" By order of the House, 
" Jacob Read* 
" Speaker of the House of Representatives" 

" In the Senate, January 19, 1790. 
" Resolved — That this house do concur with the House of Re- 
presentatives in the foregoing resolutions. 

" By order of the Senate. 

" D. De Sausure, 
" President of the Senate." 

On the 8th of March, the President of the United States com- S. Journal, 
municated to the two houses the ratification of the state of De- g j ou ' ma i, 
laware, as follows: — p. 170. 

" United States, March 8, 1790. 
" Gentlemen of the Senate, and House of Representatives ;— 
Ratinca- " I have received from his Excellency Joshua Clayton, Gover- 
tion of De- nor f the state of Delaware, the articles proposed by Congress 
to the legislatures of the several states, as amendments of the 
Constitution of the United States; which articles were transmit- 
ted to him for the consideration of the legislature of Delaware, 
and are now returned with the following resolutions annexed to 
them ; namely, — 

"THE GENERAL ASSEMBLY OF DELAWARE, 
" Having taken into their consideration the above amend- 
ments, proposed by Congress to the respective legislatures of the 
several states, 

" Resolved — That the first article be postponed. 
" Resolved — That the general assembly do agree to the second, 
third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, 
and twelfth articles; and we do hereby assent to, ratify, and 
confirm the same, as part of the Constitution of the United 
States. 

" In testimony whereof, we have caused the great seal of 
the state to be hereunto affixed, this twenty-eighth day 
Vol. I.— 23 



178 HISTORY OF CONGRESS. 



CHAP. II. The Constitution— Ratifications— Amendments, &x. 1790. 



1st congress. of January, in the year of our Lord one thousand seven 

2d Session. 

hundred and ninety, and in the fourteenth year of the 

Independence of the Delaware state. 

" Signed by order of the Council, 

" George Mitchell, Speaker. 
" Signed by order of the House of Assembly, 

" Jehu Davis, Speaker." 

" I have directed a copy of the letter which accompanied the 
said articles, from his Excellency Joshua Clayton, to the Presi- 
dent of the United States, to be laid before you. 

" The above-mentioned articles, and the original of the letter, 
will be lodged in the office of the secretary of state. 

" G. Washington." 

" Delaware, February 19, 179a. 
" Sir : Agreeably to the directions of the General Assembly of 
this state, I do myself the honour to enclose your Excellency the 
ratification of the articles proposed by Congress to be added to 
the Constitution of the United States, and am, with every senti- 
ment of esteem, 
"Sir, 

" Your Excellency's most obedient, humble servant, 

" Joshua Clayton." 
" His Excellency, George Washington, 
" President of the United States." 

On the 16th of March, the following message from the Presi- h. Journal, 
dent of the United States was communicated to the two houses: — p* 175, 176. 

" United States, March 16, 1790. pj^m! 
" Gentlemen of the Senate, and House of Representatives: — 

Ratifica- " I nave directed my secretary to lay before you the copy of 
tion of an act, and the form of ratifications of certain articles of amend- 
nia? V " ment to the Constitution of the United States, by the legislature 
of the state of Pennsylvania; together with the copy of a letter 
which accompanied the said act, from the speaker of the House 
of Assembly, of Pennsylvania, to the President of the United 
States. The originals of the above will be lodged in the office 
of the secretary of state. 

" G. Washington." 

[The letter of the speaker, referred to in the above message, 
is merely to certify that the following is "an exact and true ex- 
emplification of the act whereof it purports to be a copy."] 



HISTORY OF CONGRESS. 179 



CHAP. II. The Constitution— Ratifications— Amendments, &c. 1790. 



1st congress. » J{ n Act declaring the assent of this state to certain Amendments to 
the Constitution of the United States. 

"Section 1. Whereas, in pursuance of the fifth article of the Con- 
stitution of the United States, certain articles of amendment to 
the said Constitution have been proposed by the Congress of the 
United States, for the consideration of the legislatures of the se- 
veral states; and whereas this house, being the legislature of the 
state of Pennsylvania, having maturely deliberated thereupon, 
have resolved to adopt and ratify the articles hereafter enume- 
rated, as part of the Constitution of the United States: 

" Section 2. Be it enacted, therefore, and it is hereby enacted by 
the representatives of the freemen of the commonwealth of Pennsylva- 
nia, in General Assembly met, and by the authority of the same, That 
the following amendments to the Constitution of the United States, 
proposed by the Congress thereof, namely: — 

[Here follow the third, fourth, fifth, sixth, seventh, eighth, 
ninth, tenth, eleventh, and twelfth articles, which were proposed 
by Congress to the legislatures of the several states, as amend- 
ments to the Constitution of the United States.] 

M Be, and they are hereby ratified, in behalf of this state, to 
become, when ratified by the legislatures of three-fourths of the 
several states, part of the Constitution of the United States. 
" Signed by order of the House : 

" Richard Peters, Speaker." 

" Enacted into a law, at Philadelphia, on Wednesday, the . 
tenth day of March, in the year of our Lord one thousand seven 
hundred and ninety. 

" Peter Zachary Lloyd, 

" Clerk of the General Assembly." 
The usual certificates were appended. 

On the 5th of April, the President of the United States trans- S. Journal, 

• mitted to Congress the ratification of the legislature of New York, p ' 128 ' 129 * 

as follows:- ~£ 

" The people of the state of New York, by the grace of God 

free and independent, 
" To all to whom these presents shall come, or' may concern, Greeting: 
Ratifica- " Know ye, that we, having inspected the records remaining 
tionofNew j n 0U r secretary's office, do find there a certain act of our legis- 
lature, in the words and figures following : " An act ratifying 
certain articles in addition to, and amendment of, the Constitution 
of the United States of America, proposed by the Congress: — 



180 HISTORY OF CONGRESS. 



CHAP. II. The Constitution— Ratifications— Amendments, &c. 1790. 



let congress. Whereas, by the fifth article of the Constitution of the United 

2d Session. J 

States of America, it is provided that the Congress, whenever two- 
thirds of both houses shall deem it necessary, shall propose amend- 
ments to the said Constitution ; which shall be valid, to all in- 
tents and purposes, as part of the said Constitution, when ratified 
by the legislatures of three-fourths of the several states, or by 
conventions in three-fourths thereof; as the one or the other mode 
of ratification may be proposed by the Congress: And whereas, 
in the session of the Congress of the United States of America, be- 
gun and held at the city of New York, on Wednesday, the fourth 
of March, one thousand seven hundred and eighty -nine, it was re- 
solved by the Senate and House of Representatives of the United 
States of America, in Congress assembled, two-thirds of both 
houses concurring, that the following articles be proposed to the 
legislatures of the several states, as amendments to the Constitu- 
tion of the United States, all or any of which articles, when ra- 
tified by three-fourths of the said legislatures, to be valid, to all 
intents and purposes, as part of the said Constitution, namely : 
Articles in addition to, and amendment of, the Constitution of the 
United States of America, proposed by Congress, and ratified by 
the legislatures of the several states, pursuant to the fifth article 
of the original Constitution i-^ 

[Here follow the several articles.] 

" And whereas the legislature of this state have considered 
# the said articles, and do agree to the same, except the second ar- 
ticle t-r 

" Therefore be it enacted by the people of the state of New 
York, represented in Senate and Assembly, and it is hereby 
enacted by the authority of the same, that the said articles, ex- 
cept the second, shall be, and hereby are ratified by the legisla- 
ture of this state. 

" State of New York, 
"Hi Assembly, February 22, 1790. 
" This bill having been read the third time : — Resolved — That 
the bill do pass. 

" By order of the assembly, 

" Guliapt Verplanck, Speaker" 

"State of New York, 
"In Senate, February 24, 1790. 
" This bill having been read a third time : — Resolved — That the 
bill do pass. 

" By order of the Senate, 

" Isaac Roosevelt, 

"President, pro hac vice. " 



HISTORY OF CONGRESS. 181 



CHAP. II. The Constitution— Ratifications— Amendments, &c. 1790. 



1st Congress. « Council of Revision. 

2d Session. «L , 

" February 27, 1790. 

" Resolved — That it does not appear improper to the council, 
that this bill, entitled * An act ratifying certain articles in addi- 
tion to, and amendment of, the Constitution of the United States 
of America, proposed by the Congress,' should become a law of 
this state, 

" George Clinton." 

On the 11th of June, the ratification of the state of North Ca- S. Journal, 
rolina was communicated to Congress in the following manner, P- 154 » 155 - 
by the President of the United States. ^m 1 * 

" Gentlemen of the Senate, and House of Representatives: — 
Ratifica- " I have directed my secretary to lay before you a copy of the 
^? n .? f r, ratification of the amendments to the Constitution of the United 

Nortn Ca- 
rolina. States by the state of North Carolina, together with an extract 

from a letter accompanying said ratification, from the governor 

of the state of North Carolina to the President of the United 

States, 

ft C Washington. 
<" United States, June 11, 1790." 

" Extract of a Letter from his Excellency Alexander Martin, Governor 

of the State of North Carolina, to the President of the United 

States. 

"Rockingham, May the 25th 1790. 

" Sir : I do myself the honour to transmit you, herewith en- 
closed, an act of the General Assembly of this state, passed at 
their last session, entitled * An act to ratify the amendments to 
the Constitution of the United States.' 

il An Act to ratify the Amendments to the Constitution of the United 

States. 

" Whereas the Senate and House of Representatives of the 
United States of America, in Congress assembled, on the fourth 
day of March, did resolve, two-thirds of both houses concurring, 
that the following articles be proposed to the legislatures of the 
several states, as amendments to the Constitution of the United 
States, all or any of which articles, when ratified by three- 
fourths of the said legislatures, to be valid, to all intents and pur 
poses, as part of the said Constitution : — 

[Here follow the several articles of amendments verbatim, as 
proposed by Congress to the legislatures of the several states.] 

" Be it therefore enacted by the General Assembly of the state 
of North Carolina, and it is hereby enacted by the authority of 



Igg HIsTORY OF CONGRESS. 



Chjlf. II. The Constitution— Ratifications— Amendments, &c 1790. 



SS^!^' the same, that the said amendments, agreeablv to the fifth arti- 

xd session. 7 c> «/ 

cle of the original Constitution, be held and ratified on the part 
of this state, as articles in addition to, and amendment of, the 
Constitution of the United States of America. 

M R.ead three times, and ratified in General Assembly, this 
22d day of December. A. D. 17S9. 

u Charles Johxsox, S. S. 
" S. Cabarrus, 5. H. C." 

It is not deemed essential in this instance, or any case, to give 
the formal certificates which accompany the letters and acts to 
attest their authenticity. 

The President of the United States, on the 30th of June, by s. Journal, 
the following message, informed the two houses of the ratifica- p ' \r 
tion of the amendments by the state of Rhode Island: — p." 254. 

"Gentlemen of the Senate, and House of Representatives: — 
Batifica- " An act of the legislature of the state of Rhode Island and 
tion of Providence Plantations, for ratifying certain articles as amend- 
Isknd. ments to the Constitution of the United States, was yesterday 
put into my hands; and I have directed my secretary to lay a 
copy of the same before you. 

"G. Washing tox. 
" rniied Side*, June 30, 1790." 

"STATE OF RHODE ISLAND AND PROVIDENCE 
PLANTATIONS. 
11 In General .Issembly, June session, A. D. 1790. 

"An act for ratifying certain articles as amendments to the 
Constitution of the United States of America, and which were 
proposed by the Congress of the said states at their session in 
March, A. D. 17S9, to the legislatures of the several states, 
pursuant to the fifth article of the aforesaid Constitution. 

"Be it enacted by this General Assembly, and by the autho- 
rity thereof, it is hereby enacted, that the following articles, pro- 
posed by the Congress of the United States of America, at their 
session in March. A. D. 1759, to the legislatures of the several 
states, for ratification, as amendments to the Constitution of the 
said United States, pursuant to the fifth article of the said Con- 
stitution, be, and the same are hereby, fully assented to and ra- 
tified on the part of this state: to wit: 

[Here follow all the articles, except the second.] 

••' It is ordered, That his Excellency the governor be, and 
he is hereby, requested to transmit to the President of the said 



HISTORY OF CONGRESS. 183 



Chap. II. The Constitution— Ratificatious— Amendments, &c. 1790 



1st congress. United States, under the seal of this state, a copy of this act, to 

— -~ be communicated to the Senate and House of Representatives of 

the Congress of the said United States. 
"A true copy, duly examined. 

" Witness, Henry Ward, Secretary, 



?? 



On the 6th of August, the President of the United States, S. Journal, 

r« 201 202 

by the following message, communicated to Congress the ratifi- P-^*^^ 
cation of the state of New Jersey* p.^sT* 1 

" Gentlemen of the Senate, and House of Representa- 
tives: — 
Ratifica- " I have directed my secretary to lay before you a copy of art 



tionofNew 
Jersey. 



exemplified copy of a law to ratify, on the part of the state of 
New Jersey, certain amendments to the Constitution of the 
United States, together with a copy of a letter which accompa- 
nied said ratification, from the Hon. Elisha Lawrence, Esq., Vice- 
President of the state of New Jersey, to the President of the 
United States. 

" G. Washington. 
" United States, August 6, 1790." 

•« Burlington, August 4, 1790. 
" Sit: I have the honour to transmit an exemplified copy of a 
law of the state of New Jersey, ratifying certain amendments 
to the Constitution of the United States. 
" I have the honour to be, 

"Your most obedient, humble servant, 

" Elisha Lawrence. 
« The President of the United States/' 

"STATE OF NEW JERSEY. 
" td?i Jict to ratify, on the part of this State, certain Amend- 
ments to the Constitution of the United States. 
" Whereas the Congress of the United States, begun and held 
at the city of New York, on Wednesday, the fourth day of 
March, one thousand seven hundred and eighty-nine, resolved, 
two-thirds of both houses concurring, that sundry articles be 
proposed to the legislatures of the several states, as amendments 
to the Constitution of the United States, all, or any of which ar- 
ticles, when ratified by three-fourths of the said legislatures, to 
be valid, to all intents and purposes, as part of the said Constitu- 
tion; and whereas, the President of the United States did, in 
pursuance of a resolve of the Senate and House of Representa- 
tives of the United States of America in Congress assembled, 



184 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Ratifications— Amendments, &c. 1790. 



1st congress, transmit to the governor of this state the amendments proposed 
by Congress, which were by him laid before the legislature, for 
their consideration: wherefore, 

Ml. Be it enacted by the Council and General Assembly of 
this state, and, by the authority of the same, it is hereby en- 
acted, that the following articles proposed by Congress in addi- 
tion to, and amendment of, the Constitution of the United States; 
to wit: [Here follow, verbatim, the first, third, fourth, fifth, 
sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth arti- 
cles of the said amendments proposed by Congress to the legis- 
latures of the several states,] be, and the same are, hereby rati- 
fied and adopted by the state of New Jersey. 

" Council Chamber, November 20, 1789. 
" This bill having been three times read in council, resolved 
that the same do pass. 

" By order of the house.' 

" William Livingston, President." 

" House of Assembly, November, 18, If 89. 
" This bill having been three times read in this house, resolved 
that the same do pass. 

" By order of the house: 

" John Beatty, Speaker." 

It appears, therefore, that the ratifications of the amendments, 
by the following nine states; namely, Maryland, New Hampshire, 
South Carolina, Delaware, Pennsylvania, New York, North Ca- 
rolina, Rhode Island, and New Jersey, were received by the 
first Congress; that the first article was rejected by two of the 
states; namely, Delaware and Pennsylvania;* and that the second 
article was rejected by five of the states; namely, New Hampshire, 
Pennsylvania, New York, Rhode Island, and New Jersey. No 
ratifications had been received from the states of Massachusetts^ 
Connecticut, Virginia, or Georgia. 



sacongress. On the 26th of October, 1791, the President of the United 1791. 
8 States communicated to Congress — " An act of the legislature of ~ 

Ratifica- Pennsylvania, ratifying on behalf of said state, the first article of S. Journal, 

tion of first amendment to the Constitution of the United States, as proposed p * 328 ' 
article by x * H. Journal, 

Pennsylva- by Congress." p> 439< 

nia. — — — — — — 

* The ratification of the first article by Pennsylvania was received by the se- 
cond Congress. 



HISTORY OF CONGRESS. 185 



Chap. II. The Constitution— Ratifications— Amendments, &c. 1791. 



2d congress. On the 14th of November, a message from the President of s. Journal, 

1st Session. *■».*« •"«*■» i • r> ^54.0 

; the United States, was received by the two houses, announcing ** °™- 

tion of first the ratification of the first article of the amendments by the Ge- ^453. ' 

article by nera j Assembly of Virginia. The resolution of the state of Vir- 
Virginia. ... r n 

ginia is as iollows: 

" In the House of Delegates, 

" Tuesday, 25th October, 1791. 

" Resolved — That the first article of the amendments proposed 

by Congress to the Constitution of the United States, be ratified 

by this Commonwealth. 

(Test,) " Charles Hay, C. H. D. 

" H. Brooke, C. S. 

" November 3d, 1791, — agreed to by the Senate." 

On the 30th of December, the following message from the s. Journal, 
President of the United States, communicated the entire ratifi- P* 361, 
cation cf the state of Virginia. p. 483. ' 

" Gentlemen of the Senate, and of the House of Represent- 
atives: — 

Ratifica- " I lay before you a copy of the ratification, by the common- 
tion of all wea ith of Virginia, of the articles of amendment proposed by 
by Virgi- Congress to the Constitution of the United States; and a copy of 
a letter which accompanied said ratification from the governor of 
Virginia. 

" G. Washington. 
" United States, December 30, 1791." 

The following are the papers referred to in the message: — 
" Council Chamber, Richmond, December 22, 1791. 
" Sir: The General Assembly, during their late session, have 
adopted, on the part of this commonwealth, all the amend- 
ments proposed by Congress to the Constitution of the United 
States ; their ratification whereof I do myself the honour here- 
with to transmit. 

" I have the honour to be, &c. 

" Henry Lee. 
« The President of the United States." 

"VIRGINIA— 

" General Assembly, begun and held at the Capitol, in the 
city of Richmond, on Monday, the 17th day of October, in the 
year of our Lord 1791. 

"Monday, December 5th, 1791. 
" Resolved— That the second, third, fourth, fifth, sixth, se- 
venth, eighth, ninth, tenth, eleventh, and twelfth articles of the 
Vol. I.— 24 



ma. 



186 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Ratifications— Amendments. &c 1791. 



Qd congress, amendments proposed by Congress to the Constitution of the 

1st Session. r ./. i • 

United States, be ratified by this commonwealth. 

{Examined,) " John Pride, S, S. 

" Thomas Matthews, S. H. D. 
" December 15th, 1791, — agreed to by the Senate." 

On the 18th of January, 1792, the President of the United 1792. 
States, in the following message, communicated the ratification of s. Journal, 
the state of Vermont, which state had been admitted into the V-^7,378. 
Union during the third session of the first Congress: — p. 493. 

" Gentlemen of the Senate, and of the House of Representatives: — 
Ratiflca- " I lay before you a copy of an exemplified copy of an act of 
tionofVer- ^ e legislcxture of Vermont, ratifying, on behalf of that state, the 
articles of amendment proposed by Congress to the Constitution 
of the United States, together with a copy of a letter which ac- 
companied said ratification. 

"G. Washington. 
" United States, January 18th, 1792." 

" An t/lct ratifying certain Articles proposed by Congress as Amend- 
ments to the Constitution of the United States. 

" Whereas the Congress of the United States, begun and held 
at the city of New York, on Wednesday the fourth of March, 
one thousand seven hundred and eighty-nine, resolved, that cer- 
tain articles, to the number of twelve, be proposed to the legis- 
latures of the several states, as amendments to the Constitution 
of the United States, which articles, when ratified by three- 
fourths of the said legislatures, should be valid, to all intents and 
purposes, as part of the said Constitution: Therefore, 

" It is hereby enacted by the General Assembly of the state 
of Vermont, that all and every of said articles, so proposed as 
aforesaid, be, and the same are, hereby ratified and confirmed by 
the legislature of this state." 

A certifying letter from Ros. Hopkins, Secretary, accompanies 
this act. 

At the close of the second Congress, the ratifications of eleven 
states had been received, Massachusetts, Connecticut, and Geor- 
gia, having not yet sent in their acquiescence. 

The ratifications of the articles of amendment to the Consti- 
tution of the United States, proposed by the resolution of Con- 
gress, at their first session under the said Constitution, may be 
seen at one view by the following tabular arrangement: — 



IHSTORY OF CONGRESS. 



Chap. II. 



2d Congress. 
1st Session. 



The Constitution— Ratifications— Amendments, &.C. 



187 
1792. 



The States in alphabetical order. 


Ratifies the 
whole. 


Postpones or 
rejects. 


Postpones or 
rejects. 


1 . Delaware 




the 1st. 




2 . Maryland 


ltol2 






3 . New Hampshire 






the 2d. 


4 . New Jersey 






the 2d. 


5 . New York 






the 2d. 


6 . North Carolina 


ltol2 






7 . Pennsylvania - 




the 1st. 




8 . Rhode Island - 


ltol2 






9 . South Carolina 


ltol2 






10 . Vermont - 


ltol2 






11 . Virginia - 


1 to 12 







THIRD SESSION. 



1st Congress. 
3d Session. 



On the 3d of March, 1791, a motion was made to the House 1791. 



of Representatives, that the following clauses of amendment to h. Journal, 
the Constitution of the United States be proposed by Congress to P^ 6 404— 
the legislatures of the several states ; to wit : — 

Proposed " That the Congress shall, either by declaring the Superior or 
merits con- Supreme Common Law Court of the state to be the court, or by 
cemingthe creating a new court for the purpose, establish a GENERAL 
Judiciary. JUDIC IAL COURT in each state, the judges whereof shall hold 
their commissions during good behaviour, and without any other 
limitation whatsoever, and shall be appointed and commissioned 
by the state, and shall receive their compensations from the 
United States only ; and the compensations shall not be demand- 
ed during their continuance in office. 

" The number of judges of the General Judicial Court in a 
state, unless the same should be altered by the consent of the 
Congress and the legislature of the state, shall be in the proportion 

of one judge for every persons in the state, according to 

the enumeration for apportioning the representatives among the 
several states; but there shall always be at least three judges in 
each state. 

" The General Judicial Court shall, in all cases to which the 
judicial power of the United States doth extend, have original 
jurisdiction, either exclusively or concurrently with other courts 
in the respective states, and otherwise regulated as the Congress 
shall prescribe; and in cases where the judicial power is reserved 



188 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Ratifications— Amendments, &c. 



latooaeresB. to the several states, as the legislature of each state shall pre- 

3d Session. ~ . 

scribe ; but shall have, and exclusively, immediate appellate ju- 
j^™^ 86 ^ risdiction in all cases, from every other court within the state, 
ments con- under such limitations, exceptions, and regulations, however, as 
jJJJriJ^ 6 shall be made with the consent of the Congress and the legisla- 
ture of the state : there may, notwithstanding, he in each state 
a court of appeals or errors in the last resort, under the autho- 
rity of the state, from the general Judicial Court, in cases and 
questions only, where the Supreme Court of the United States 
hath not appellate jurisdiction from the General Judicial Court. 

" The Congress may provide that the judges of the General 
Judicial Court shall hold circuit courts within the state; and the 
legislature of the state may, in addition to the times and places 
to be assigned by the Congress for holding the General Judicial 
Court or the Circuit Courts, assign other times and places. 

The Congress may determine the number of judges which 
shall be a quorum, to hold a General Judicial Court, or a Circuit 
Court, in each respective state. 

" The Congress may, in the cases to which the judicial power 
of the United States doth extend, and the legislature of the 
state may, in the other cases, regulate the fees and proceedings 
in the several courts, and the jurisdiction of the Circuit Courts 
within the state. 

" The ministerial officers of the General Judicial Court shall 
be appointed and commissioned in such manner as the legislature 
of the state shall prescribe. 

" All writs issuing out of the General Judicial Court shall be 
in the name of the judges thereof. 

•• The judges of the General Judicial Court may be impeached 
by the House of Representatives of the United States, and also 
by the most numerous branch of the state legislature. 

•• The impeachment shall not be tried by the Senate of the 
United States, or by any judicature under the authority of the 
state; but the Congress shall, by law, establish a court to be 
held in each state, for the trial of such impeachment, to consist 
only of senators of the United States, judges of the Supreme 
Court of the United States, and judges of General Judicial 
Courts. The trial shall be in the state where the person im- 
peached shall reside ; and every law, designating the judges of a 
court for the trial of impeachment, shall be passed previously to 
the impeachment; and the designation shall be, not by naming 
the persons, but by describing the offices, the persons in which 
offices for the time being, and elected or appointed previously to 



HISTORY OF CONGRESS. 189 



CiUF. H. The Constitution— Ratifications— Amendments, &c. 1791. 



ist congress, the impeachment shall he the judges; and no person shall be 

3d Session. . r . / , . -T * *i_ ' • j 

convicted without the concurrence of two-thirds 01 the judges 

Proposed nrp9pnf . 
amend- present. 

ments con- « Judgments by the courts so to be established for the trial of 

Judiciary. 6 impeachments, shall not extend further than is provided by the 

Constitution of the United States, in cases of impeachments, and 

the party, nevertheless, to be liable, and subject to indictment, 

trial, judgment, and punishment, according to law. 

" In every state where the Congress shall declare the Superior 
or Supreme Common Law Court to be the General Judicial 
Court, the judges shall, by force of their appointments as judges 
of the Superior or Supreme Common Law Court, become judges 
of the General Judicial Court; and all the powers and duties of 
the judges of the Superior or Supreme Common Law Court, ei- 
ther by the Constitution or the laws of the state, shall devolve 
on the judges of the General Judicial Court. 

" If, on the establishment of the General Judicial Courts, the 
Congress shall deem proper to discontinue any of the District 
Courts of the United States, the judges of the courts so disconti- 
nued shall, thereupon, by force of their appointments as district 
judges, become judges of the General Judicial Courts in the re- 
spective states, and shall continue to receive their compensations 
as theretofore established. 

"The judges of the Supreme or Superior Common Law- 
Courts, and the district judges, may, on the first establishment of 
the General Judicial Courts, become judges thereof, notwithstand- 
ing the limitation of the number of judges of the General Judi- 
cial Courts in the respective states ; but as vacancies happen, 
they shall not afterwards be filled up beyond the number li- 
mited. 

"For avoiding of doubts, it is declared that all officers, as well 
ministerial as judicial, in the administration of justice, under the 
authority of a state, shall also be held to execute their respec- 
tive offices, for carrying into effect the laws of the United States; 
and, in addition to the duties assigned to them by the laws of the 
state, the Congress may assign to them such further duties as 
they shall deem proper for that purpose." 

The house, after these amendments had been read, deter- 
mined to postpone their consideration until the next session of 
Congress, and ordered one hundred copies thereof to be printed 
for the use of the members of both houses. 
, Nothing further on the subject of amendments to the Consti- 
tution appears on the Journal of this session of Congress. 



190 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Ratifications— Amendments, &c. 1791. 



2d congress. On the 3d of November, 1791, a few days after the assembling h. Journal 

1st &6SS10T1. _^ ^ AAQ 

of the Second Congress at Philadelphia, the proposition of amend- P* 44 °* 

ments to the Constitution, on the subject of the judiciary, was 

Proposi- taken up, committed to a committee of the whole house, and 

tion com- ma de the order for to-morrow. On the 9th of November, the 
nutted. 

committee of the whole house was discharged from considering 

Selectcom- the subject, and the propositions of amendment were referred to 
mittee. a comm ittee, consisting of the following members : Messrs. Sedg- 
wick, Hillhouse, Benton, Boudinot, Madison, Smith, of South Ca- 
Report. rolina, and Steele. This committee made a report by their Id. p. 451 
Laid on chairman, Mr. Sedgwick, on the 14th of December, and the re- "~~ 472 - 
table. p 0r {. wag or( ] erec i t ]j e on the table. 

No further proceeding on this proposition is to be found on the 
Journals of the Second Congress. 



2d congress. On the 20th of February, 1793, a motion was made that the 1793. 

— Senate adopt the following resolution : — 

" Resolved by the Senate and House of Representatives of the 
United States of America, in Congress assembled, two-thirds of 
Proposi- both houses concurring — That the following article be proposed s. Journal, 
mend t0 & ~ to ^ e l e gi s l atures of the several states, as an amendment to the P* 49 °* 
Constitution of the United States ; which, when ratified by three- 
fourths of the said legislatures, shall be valid, as part of the said 
Constitution, namely: — 

"The judicial power of the United States shall not extend to 
any suits in law or equity, commenced or prosecuted against one 
of the United States, by citizens of another state, or by citizens 
or subjects of any foreign state." 

This motion was taken up for consideration on the 25th, when id. p. 494. 
an unsuccessful motion was made to postpone its consideration to 
the next session of Congress. After some debate, the subject was 
postponed, and was not resumed during the session. 

Proposi- On the 2d of March, 1793, it was moved in the Senate to pro- id. p. 502. 
rnend t0 *" P ose *° * ne legislatures of the several states, the following amend- 
ments to the Constitution of the United States : — 

"Article 1st, Section 8. After the words * general welfare of the 
United States,' add, ' in the cases hereinafter particularly enu- 
merated.' And at the end of the section, add, ' but no power to 
grant any charter of incorporation, or any commercial or other 
monopoly, shall be hereby implied.' 



HISTORY OF CONGRESS. 191 



Chap. II. The Constitution— Ratifications— Amendments, &c. 1793. 



" Section 9. Every tax shall be deemed direct, other than taxes 
on imports, excises, transfers of property, and law proceedings." 
At the end of the section, add, * No member of Congress shall be 
eligible to any office of profit under the authority of the United 
States; nor shall any person intrusted with the management of 
money of the United States, or concerned in the direction or 
management of any bank or other moneyed corporation within 
the United States, be capable of a seat in either house of Con- 
gress.' " 

"Article 3d, Section 1. After the words 'obtain and establish/ 
add, * or in such of the state courts as the Congress shall deem 
fit.'" 

These propositions were laid on the table, and no further at- 
tempt was made during this Congress to change the structure of 
the Constitution. 



The Constitution, in the second section of the first article, 1769. 
having prescribed that an enumeration should be made of the in- h. Journal, 
Census, habitants of the United States, and that the representatives should P* 38# 
be apportioned in the manner specified therein: it appears that, 
on the 18th of May, 1789, the House of Representatives appointed 
Committee a committee, consisting of Messrs. Goodhue, Heister, and Seney, 
to^prepare u ^ o p re p are anc j bring in a bill providing for the actual enume- 
ration of the inhabitants of the United States, in conformity to the 
Constitution, and for the purposes therein mentioned." No re- 
port seems to have emanated from this committee* 

2d session. On the 11th of January, 1790, a few days after the commence- 1790.. 
ment of the second session of the first Congress, the subject was 
again brought before the House of Representatives, and the fol- 
Census lowing committee was appointed: — Messrs. Foster, Goodhue, H. journal,, 

committee. Shermanj Lawrance, Schureman, Clymer, Seney, White, Smitb, P- 138 ' 
of South Carolina, and Baldwin. On the 18th of January, Mr. Fos- 
ter, from this committee, reported a bill providing for the actual 
enumeration of the inhabitants of the United States, which then 
Bill read received its first reading; and, on the following day, was read a id.p.142— 

^mm'tt 1 ? secon( * time* an d committed to a committee of the whole house, 144 - 
on Friday next. On the day specified, the consideration of the 
bill was postponed until Monday. On Monday and Tuesday, the 
bill underwent the deliberation and discussion of the committee, 



192 HISTORY OF CONGRESS. 



CttJLP. II. The Constitution— Laws to cany into Effe: - 11901 



ist congress, and, on the last named day, was reported to the house with 

— amendments. The bill and amendments were then recommitted H. Journal, 

_ , to Messrs. Foster. Goodhue, Sherman, Lawrance, Schureman, P 146 > 147 - 

Recommit- Ciy mer > Seney, White, Smith, of South Carolina, Baldwin, and 
ted. Madison. On the 2d of February, the bill was again reported to 

Reported, the house with several amendments, which were twice read, and id. p. 151. 
Ordered to agreed to by the house. The bill, with the amendments, was 
be engross- ^ en orc j erec i to ^ e engrossed; and, on the 4th of February, the 
Recommit- bill received its third reading, and was recommitted to the id. p. 152. 
committee of the whole house. The bill was taken up on the 
following day, and postponed until Monday, the Sth; and, on that 
day, the committee of the whole house was discharged from its id. jr 
further consideration, the blanks were filled, and the bill was 
Passed, passed. On the 9th, the bill was read a first time in the Senate, s. Journal, 
On the 12th, the bill was read a second time and referred to a P- llj - 
committee, consisting of Messrs. Paterson, Strong. Ellsworth, 
Hawkins, and Johnson. Mr. Paterson, on the 16th, reported the 
Passed Be- bill with amendments, which were accepted by the Senate. The id. p. 114 
amend^ 1 £ ^ xt ^ 5ect i° n 0I " * ne D ^ was tnen recommitted : and, on the la- 
ments, the bill was passed with twenty-nine amendments. The House 
House dis- of Representatives, on the 22d, considered the various amend- H. Journal, 
nfe eeS a- t0 ments ma de by the Senate, and disagreed to the twenty-second, p * 
mend- twenty-third, twenty-fourth, twenty-fifth, and twenty -sixth of the 
amendments, agreeing to all the rest. The Senate, on the same 
Senate re- day, receded from all the amendments to which the House had S. JounuP 
es * disagreed. On the 1st of March, the House received a commu- p ' n °* 

nication from the President of the United States, that he had ap- H. Journal 
proved and affixed his signature to the bill. p ' ' 

Extension The subsequent accession of the state of Pvhode Island to the id.p-232j 
Rhod^ t0 ^ mon - rendering it necessary that provision should be made to 
Island. give effect to the laws of the United States within that state, a 
committee to prepare the necessary bills was appointed, consist- 
ing of Messrs. Sedgwick, Benson, and Tucker. On the 7th of 
June. Mr. Sedgwick, from this committee, presented a bill for 
giving effect to an act providing for the enumeration of the in- 
habitants of the United States, in respect to the state of Rhode 
Bill read Island and Providence Plantations, which was then read a first id 

twice, and ti me# received its second reading on the following dav, and was 
committed. - s • ' 

committed to Messrs. Williamson. Scott, and Baldwin, with in- 
structions to insert a clause or clauses to provide for administering 
the necessary oaths for more effectually procuring a full census 
of the inhabitants of the United States. Mr. Williamson, on the 
Reported. 22d, reported the bill with sundry amendments, which were or- id. p. 248] 



HISTORY OF CONGRESS. 



193 



Chap. II. 



The Constitution— Laws to carry into Effect, &c. 



1790. 



ist congress, dered to lie on the table. The House, on the 28th of June, con- H. Journal, 
sidered and disagreed to the amendments of the committee, and p ' ' 
the bill was then ordered to be engrossed. On the following day, 
the blank being filled up, the bill was passed and sent to the Se- 
nate. The bill received its three readings in the Senate, on the S. Journal, 
Passed. 29th and 30th of June, and on the 1st of July, when it finally p ' 
passed. 



The returns of the enumeration of the inhabitants under this 
law, were communicated by the President of the United States 
to the two houses of Congress, on the 27th of October, 1791, 
during the first week of the first session of the second Congress. 
The official statement is subjoined. 



1791. 



Returns of 1 




|s a 


a> 2 


S o 


&, 






the enume- 1 




""•Sj 


2S 




o, 






ration of in- 




£•§- 


<u a 


11 


1 






habitants. 


Districts. 


whit 
:n ye 
3, in 
"fam 








Slaves. 


Total. 






Free 
of sixte< 
upward 
heads ol 


3 


IIS 


o 
m 








Vermont - - 


22,435 


22,328 


40,505 


252 


16 


85,539 




New Hampshire 


36,086 


34,851 


70,160 


630 


158 


141,885 




( Maine - - - 

( Massachusetts - 


24,384 


24,748 


46,870 


538 


none. 


96,540 > 

378,787 S 




95,453 


87,289 


190,582 


5,463 


none. 




Rhode Island - 


16,019 


15,799 


32,652 


3,407 


948 


68,825 




Connecticut - 


60,523 


54,403 


117,448 


2,808 


2,764 


237,946 




New York - - 


83,700 


78,122 


152,320 


4,654 


21,324 


340,120 




New Jersey - 


45,251 


41,416 


83,287 


2,762 


11,453 


184,139 




Pennsylvania - 


110,788 


106,948 


206,343 


6,537 


3,737 


434,373 




Delaware - - 


11,783 


12,143 


22,384 


3,890 


8,887 


59,094 




Maryland - - 


55,915 


51,339 


101,395 


8,043 


103,036 


319,728 




^ Virginia - - 
I Kentucky - - 


110,936 


116,135 


215,046 


12,866 


292,627 


747,610 ) 
73,677 < 




15,154 


17,057 


28,922 


114 


12,430 




North Carolina 


69,988 


77,506 


140,710 


4,975 


100,572 


393,751 




South Carolina 
















Georgia - - — 


13,103 


14,044 


25,739 


398 


29,264 


82,548 






males 
rs and 
luding 
ies. 




"3 m 


it 

8. 










white 
ty yea 
s, rnc 
ffami 


a, 3 






Slaves. 


Total. 






„, a V ° 




^^ 1 


o 










£ % a % 


£ 55 2 




— m 










fe« ?• es 


fe"2 « 


, S o S 


<! c 










"SS-s 


3 >. 


fe .5<2 


o 

ED 








S. W. Territory - 


6,271 


10,277 


15,365 


361 


3,417 


35,691 




N. W. Territory - 








1 





S. Journal, 
p. 329, 330. 
H. Journal, 
p. 442. 



" Truly stated from the original returns deposited in the office 
of the secretary of state. 



" October 24, 1791.*' 
Vol. I.— 25 



•'< Thomas Jefferson. 



194 HISTORY OF CONGRESS. 



CHAP. II. The Constitution— Laws to carry into Effect, &c. 1791. 



2d congress. This schedule was ordered by the House of Representatives 

' " to be committed to a committee of the whole house on Mon- 

Schedule day next. The committee were engaged in the consideration of H. Journal, 
m commit- the SUD j e et on Monday the 31st of October, on Thursday the 3d 454. 
of November, on Thursday the 10th, on Monday the 14th, and 
Tuesday the 15th. On the last of these days, Mr. Muhlenberg, 
the chairman of the committee of the whole, reported that the 
committee had adopted the following resolution: — 

Apportion- u Resolved — That the number of representatives shall, until 

mentofre- ^ e nex j. enum eration, be one for thirty thousand.'* 
presenta- J 

The question, on concurring in this resolution, being taken by 
ayes and noes, was decided in the affirmative, by the following 
vote:— 

Jiyes — Messrs. Baldwin, Benson, Brown, Findley, Fitzsi- 
mons, Gerry, Giles, Gordon, Gregg, Griffin, Heister, Huger, Ja- 
cobs, Kitchell, Kittera, Lawrance, Leonard, Lee, Madison, 
Moore, Muhlenberg, Murray, Page, Parker, Seney, Sheridan, 
Sumpter, Silvester, Tredwell, Tucker, Venable, Wadsworth, 
Wayne, White, Willis.— 35. 

Noes — Messrs. Ames, Ashe, Barnwell, Boudinot, S. Bourne, 
B. Bourne, Clarke, Gilman, Goodhue, Grove, Hillhouse, Liver- 
more, Macon, Niles, Sedgwick, J. Smith, I. Smith, W. Smith, 
Steele, Sturges, Thatcher, Vining, Ward. — 23. 

Committee Messrs. Page, Murray, and Macon, were then appointed a com- id. p . 455, 
to prepare m ittee to prepare and bring in a bill pursuant to the above reso- 456 * 
lution. A bill was presented to the house, and read a first and 
second time, on the 18th of November, and was considered in 
committee of the whole on the 21st and 22d; and, on the last of 
Reported, these days, it was reported with amendments. The house, on ia.p.458— 
the 23d, proceeded to consider these amendments. The first 46 °* 
amendment being under consideration, namely: 

Amend " Section first, line second, strike out from the word « That,' 
ments. ^ Q ^ e en( j r the second section, and insert, 

" From and after the third day of March, one thousand seven 
hundred and ninety-three, and until otherwise provided by law, 
agreeably to the Constitution of the United States, the House of 
Representatives shall be composed of members who shall have 
been chosen by the people of the several states, in the propor- 
tion of one representative for every thirty thousand persons, 
computed according to the rule prescribed by the Constitution 
of the United States: that is to say, from the state of New Hamp- 



HISTORY OF CONGRESS. 195 



CHAP. II. The Constitution— Laws to carry into Effect, &c. 1791. 



2d congress, shire, four; the state of Massachusetts, fifteen; the state of Con- 

- — - necticut, seven; the state of Rhode Island, two; the state of Ver- 

Amend- mont, two; the state of New York, eleven; the state of New 
ments. Jersey, five; the state of Pennsylvania, fourteen; the state of De- 
laware, one; the state of Maryland, nine; the state of Virginia, 
twenty-one; the state of Kentucky, two; the state of North Ca- 
rolina, eleven; and the state of Georgia, two members. " 

A motion was made to amend this amendment, by inserting 
between the word " thirty," and the word " thousand," the word 
" four;" so that it should read " thirty-four thousand" The 
question, on this motion, was decided in the negative, by the 
following vote: — 

Jiyes — Messrs. Ames, Ashe, Barnwell, Boudinot, S.'Bourne, 
B. Bourne, Dayton, Gilman, Goodhue, Hillhouse, Kitchell, Li- 
vermore, Niles, Sedgwick, J. Smith, I. Smith, W. Smith, Steele, 
Sturges, Thatcher, Ward. — 21. 

Noes — Messrs. Baldwin, Benson, Brown, Findley, Gerry, 
Giles, Gordon, Gregg, Griffin, Grove, Hartley, Heister, Huger, 
Jacobs, Kittera, Lawrance, Leonard, Lee, Macon, Madison, 
Moore, Muhlenberg, Murray, Page, Parker, Schoonmaker, Se- 
ney, Sheridan, Sumpter, Silvester, Tredwell, Tucker, Venable, 
Wadsworth, Wayne, White, Williamson, Willis. — 38. 

The amendment was then agreed to by the house, in the 
form in which it was reported. 

The second amendment of the committee was then taken up, 
considered, and agreed to, in the words following; to wit:— 

" Section third, line first, strike out from the word ■ That,' 
to the end of the bill, and insert, 

" The President of the United States, as soon as the marshal 
of the state of South Carolina shall have transmitted to him re- 
turns, pursuant to the provisions by law for an enumeration 
of the inhabitants of the United States, shall cause the execu- 
tive of the said state to be notified of the number of representa- 
tives to be elected within the said state, according to the propor- 
tion aforesaid." 

The bill was then ordered for engrossment, and on the 24th of H. Journal, 
November, it was read a third time, and the question on its pas- p ' 4 ' 
BUI passed. sa ge was decided in the affirmative by the following vote: — 

Ayes — Messrs. Ames, Ashe, Baldwin, Barnwell, Benson, S. 
Bourne, Findley, Giles, Gordon, Gregg, Griffin, Grove, Hartley, 
Heister, Hillhouse, Huger, Jacobs, Kitchell, Kittera, Lawrance, 



196 HISTORY OF CONGRESS. 

Chap. II. The Constitution— Laws to carry into Effect, &c. 1791. 

2d congress. Leonard, Lee, Macon, Madison, Moore, Muhlenberg, Murray, 
~ Parker, Schoon maker, Sedgwick, Seney, W. Smith, Sumpter, Sil- 
vester, Tredwell, Tucker, Venable, Wads worth, Ward, Wayne* 
White, Williamson, Willis.— 43. 

JVoes — Messrs. Boudinot, B. Bourne, Dayton, Gilman, Goodhue, 
Livermore, Niles, Sheridan, J. Smith, I. Smith, Sturges, Thatch- 
er.— 12. 

It was then ordered, thai the bill be sent to the Senate. 
1st and 2d In the Senate, the bill received its first reading on the 24th, S. Journal, 
readmg m an( j wag rea( j a secon d time on the following day. On the 29th ^ # " 
and 30th it was discussed, and was then referred to a committee 
consisting of Messrs. Ellsworth, Burr, Butler, Strong, and Mon- id. p. 349, 
roe, to revise the apportionment of representatives in the bill. 
From this committee, on the 5th of December, Mr. Ellsworth 
reported sundry amendments, and these amendments were con- 
sidered on the two succeeding days. On the 7th, a motion was 
made to amend the bill, as follows :• — 

" Be it enacted, by the Senate and House of Representatives of the 
United States of America, in Congress assembled — That from and 
after the third day of March, one thousand seven hundred 
and ninety three, and until otherwise provided for by law, 
agreeably to the Constitution of the United States, the House of 
Representatives shall be composed of members who shall have 
been chosen by the people of the several states, in the propor- 
tion of one representative for every thirty-three thousand per- 
sons in each state, computed according to the rule prescribed by 
the Constitution of the United States: That is to say, from the 
state of New Hampshire, four members ; the state of Massachu- 
setts, fourteen ; the state of Connecticut, seven ; the state of 
Rhode Island, two ; the state of Vermont, two ; the state of New 
York, ten ; the state of New Jersey, five ; the state of Pennsyl- 
vania, thirteen; the state of Delaware, one; the state of Mary- 
land, eight; the state of Virginia, nineteen; the state of Ken- 
tucky, two ; the state of North Carolina, ten ; and the state of 
Georgia, two members." 

Amend- It was determined to postpone this motion, in order to take 
ments. j n ^ consideration the following proposition : — 

" Be it enacted, by the Senate and House of Representatives of 
the United States of America, in Co?igress assembled — That from 
and after the third day of March, one thousand seven hun- 
dred and ninety-three, and until otherwise provided for by law, 
agreeably to the Constitution of the United States, the House of 



HISTORY OF CONGRESS. 197 



Chap. IT. The Constitution— Laws to carry into Effect, &c. * 1791. 



2d congress. Representatives shall be composed of members who shall have 

1st Session. * . r 

been chosen by the people of the several states, in the proportion 

Amend- of one representative for every thirty thousand persons, computed 
according to the rule prescribed by the Constitution of the United 
States : That is to say, from the state of New Hampshire, five 
members; the state of Massachusetts, sixteen ; the state of Con- 
necticut, eight; the state of Rhode Island, two; the state of Ver- 
mont, three; the state of New York, eleven; the state of New 
Jersey, six; the state of Pennsylvania, fourteen ; the state of 
Delaware, two; the state of Maryland, nine; the state of Virgi- 
nia, twenty-one; the state of Kentucky, two; the state of North 
Carolina, twelve; the state of Georgia, two members. And if, 
after apportioning a representative to every thirty thousand per- 
sons, of the state of South Carolina, computed according to the 
rule prescribed in the Constitution of the United States, there 
shall remain a fractional part of the number of persons of that 
state, equal to, or greater than, ten thousand eight hundred 
and forty-two, then the people of the state of South Carolina 
shall be entitled to choose an additional representative ; but if 
such fractional part shall be less than ten thousand eight hun- 
dred and forty-two, and more than ten thousand three hundred 
and seventeen, then the people of the state of Georgia shall be 
entitled to choose three representatives, instead of the number 
before mentioned to be chosen in that state." 

It was agreed to divide this proposition, and to take the ques- s. Journal, 
tion on the first member of the amendment, to " the state of P' 351, 
Georgia, two members," inclusive ; and the question being taken 
on this clause of the motion, it was decided in the negative by 
the following vote: — 

Yeas — Messrs. Bradley, Burr, Cabot, Ellsworth, King, Lang- 
don, Read, Robinson, Rutherford. — 9. 

Nays — Messrs. Butler, Dickinson, Few, Foster, Gunn, Haw- 
kins, Henry, Johnston, Izard, Monroe, Morris, Stanton, Sherman, 
Strong, Wingate.> — 15. 

The question was then taken on the original motion which 
had been postponed, and decided in the negative by the" follow- 
ing vote: — 

Yeas — Messrs. Cabot, Ellsworth, Foster, Langdon, Read, Ro- 
binson, Rutherford, Stanton, Sherman, Strong, Wingate. — 11. 

Nays — Messrs. Bradley, Burr, Butler, Dickinson, Few, Gunn, 
Hawkins, Henry, Johnston, Izard, King, Monroe, Morris. — 13. 



19S HISTORY OF COKGKES&. 



Ck_lP. IL . - : :^ . . : ^ — 1: 3 : :: . .:: _z T i~ 



M c — pr a. It was then moved, that the following amendment, proposed 
— * y and passed in the negative, be reconsidered ; to i 

Amend- « Be it enacted, by the Senate and Bouse of Representatives 
of the United States of America, in Congress assembled — That 

from and after the third day of March, one thousand seven hun- 
dred and ninety-three, and until otherwise provided lor by law, 
agreeably to the Constitution of the Fnitec B bri ; . the House of 
Representatives shall be composed of one hundred and six mem- 
bers, and the number hereinafter apportioned to the state of 
8 : nth Carolina, who shall have been chosen by the people of the 
several states, in proportion, as nearly as may be, to the number 
of inhabitants in each state, computed according to the rules pre- 
scribed by the Constitution of the United 51 1 1 : ■: 5 : That is to 5 
from the state of New Hampshire, four members : the state of 
Massachusetts, fifteen; the state of Connecticut, seven; the 
state of Rhode Island, two: the state of Vermont, three: the 
state of New York, ten ; the state of Xew :he state 

of Pennsylvania, thirteen: the state of Delaware, two; the 
state of Maryland, nine; the state of Virginia, twenty; the s: 
of Ken : rth Carolina, eleven ; the state 

of Georgia, two member: 

The question on this motion was decided in the negative by 

the following vote : — 

— Messrs. Bradley, Burr, Cabot, Ellsworth, Tangdon, Ro- 
binson, Sherman, Strong, Wingate. — 9. 

as, Butler, Dickinson, F 7 r.n, Haw- 

kins, Henry. Johnston, Izard, King, Monroe, Morris, Read, Ru- 
therford, Stanton. — 15. 

On the question to agree to the following clause of the bill, as 

it came from the House of Representatives; to wit: — 

"Thai — From the state of I aipshire, four 

members; the state of Massachusetts, fifteen: the state of Con- 
necticut, seven; the state of Rhode Island, two; the state of 
Vermont, two ; the state of New York, eleven ; die state of N 
Jersey, five; the state of Pennsylvania, fourteen; the state of 
Delaware, one ; the state of Maryland, nine; the state of Virgi- 
nia, twenty -one; the state of Kentucky, two; the state of North 
Carolina, eleven; and the state of Georgia, two member. 

The yeas and nays being required, it was decided in the af- 
firmative by the following vote :— 



HISTORY OF CONGRESS. 199 



Chap. II. The Constitution— Laws to carry into Effect, &c. 1791. 



2d congress. Yeas — Messrs. Butler, Dickinson, Few, Foster, Gunn, Hawkins, 

1st Session. 

Henry, Johnston, Izard, Monroe, Morris, Read, Stanton. — 13. 

Nays — Messrs. Bradley, Burr, Cabot, Ellsworth, King, Lang- 
don, Robinson, Rutherford, Sherman, Strong, Wingate. — 11. 

3d reading. After agreeing to sundry amendments, the Senate ordered the S. Journal, 
bill to a third reading. On the 8th, it was read a third time, p# 
Motion to when a motion was made to expunge the first section of the bill, 
amend ' and substitute the following :— 

" Be it enacted by the Senate and House of Representatives of 
the United States of America, in Congress assembled — That from 
and after the third day of March, one thousand seven hundred and 
ninety-three, and until otherwise provided for by law, the House 
of Representatives shall be composed of members, who shall have 
been chosen by the people of the several states, in the proportion 
of one representative for every thirty- three thousand persons in 
each state, computed according to the rule prescribed by the 
Constitution of the United States : that is to say, From the state of 
New Hampshire, four members ; the state of Massachusetts, four- 
teen; the state of Connecticut, seven; the state of Rhode Island, 
two ; the state of Vermont, two ; the state of New York, ten ; 
the state of New Jersey, five; the state of Pennsylvania, thirteen ; 
the state of Delaware, one; the state of Maryland, eight; the 
state of Virginia, nineteen ; the state of Kentucky, two ; the state 
of North Carolina, ten ; and the state of Georgia, two members." 

This motion was decided by the following vote: — 

Yeas — Messrs. Bradley, Cabot, Ellsworth, Foster, Langdon, 
Read, Robinson, Rutherford, Stanton, Sherman, Strong, Win- 
gate.— 12. 

Nays — Messrs. Burr, Butler, Dickinson, Few, Gunn, Hawkins, 
Henry, Johnston, Izard, King, Monroe, Morris. — 12. 

The number of votes being equal, the Vice-President decided 
the question in the affirmative. 

It was then moved to strike out the words " state of," and in- 
sert " district " after the word " Carolina," which motion was de- 
cided in the affirmative, by the following vote : — 

Yeas — Messrs. Bradley, Cabot, Ellsworth, Few, Foster, King, 
Langdon, Read, Robinson, Rutherford, Stanton, Sherman, Strong, 
Wingate. — 14. 

Nays — Messrs. Burr, Butler, Dickinson, Gunn, Hawkins, Hen- 
ry, Johnston, Izard, Monroe, Morris. — 10. 



200 HISTORY OF CONGRESS. 



Chap. II. Tbe Constitution— Laws to carry into Effect, &c 1791. 



2d congress. The bill was then passed, as amended, and sent to the House 

1st Session. ,• r 

of Representatives tor concurrence. 

Bill passed 

as^ amen - Q n ^ ^fa f December, the House proceeded to consider the h. Journal, 
amendments of the Senate, and, on the following day, the amend- P- 471 > 472 - 
ments were committed to a committee of the whole house imme- 
diately. The committee then considered the amendments, and 
having risen, made report that they had disagreed to the first, 
and agreed to the last. On the 14tb, the report and amendments 
were recommitted to the same committee immediately. The 
House again resolved itself into committee of the whole, and re- 
versed the former decision of the committee, who again made re- 
port that they " had, according to order, had under consideration id. p. 473. 
the said report and amendments, to them recommitted, and made 
Proceed- no amendment thereto." The House then proceeded to consider 

mgs in th e sa j(j amendments, and the first amendment being read as fol- 
house on ° 

amend- lows: — 



ments. 



" Strike out the first section, and substitute the following : — 
" Be it enacted by the Senate and House of Representatives of the 
United States of America, in Congress assembled — That from and af- 
ter the third day of March, one thousand seven hundred and nine- 
ty-three, and until otherwise provided for by law, the House of 
Representatives shall be composed of members who shall have 
been chosen by the people of the several states, in the proportion 
of one representative to every thirty-three thousand persons in 
each state, computed according to the rule prescribed by the 
Constitution of the United States — that is to say : From the state 
of New Hampshire, four members; the state of Massachusetts, 
fourteen; the state of Connecticut, seven; the state of Rhode 
Island, two ; the state of Vermont, two ; the state of New York, 
ten; the state of New Jersey, five; the state of Pennsylvania, 
thirteen; the state of Delaware, one; the state of Maryland, 
eight ; the state o£ Virginia, nineteen ; the state of Kentucky, 
two; the state of North Carolina, ten ; and the state of Georgia, 
two members." 

A motion was made to amend the said amendment, by striking 
out from the words, " several states," to the end of the amend- 
ment, and inserting, in their room, the following words: — 

" In the number following; to wit: — 

" In the state of New Hampshire, five members; the state of 
Massachusetts, sixteen; the state of Connecticut, eight; the state 
of Rhode Island, two; the state of Vermont, three; the state of 



HISTORY OF CONGRESS. 201 

Cvllf. II. The Constitution— Laws to carry into Effect, &c. 1791. 

2d congress. New York, eleven; the state of New Jersey, six; the state of 
— - — - Pennsylvania, fourteen; the state of Delaware, two; the state of 
Amend- Maryland, nine; the state of Virginia, twenty-one; the state of 

ments. Kentucky, two; the state of North Carolina, twelve; and the state 
of Georgia, two members. 



?? 



And this motion was decided in the negative, by the follow- 
ing vote: — 

Ayes — Messrs. Ames, Benson, Boudinot, S. Bourne, Clarke, 
Dayton, Gerry, Gilman, Goodhue, Gordon, Grove, Kitchell, 
Livermore, Niles, Schoonmaker, Sedgwick, J. Smith, I. Smith, 
Steele, Thatcher, Tredwell, Vining, Wadsworth. — 23. 

Noes — Messrs. Ashe, Baldwin, Barnwell, B. Bourne, Brown, 
Findley, Fitzsimons, Giles, Griffin, Hartley, Hillhouse, Huger, 
Jacobs, Key, Kittera, Lee, Macon, Madison, Moore, Muhlen- 
berg, Murray, Page, Parker, Seney, Sheridan, W. Smith, Ster- 
rett, Sturges, Sumpter, Silvester, Tucker, Venable, Ward, Wayne, 
White, Williamson, Willis.— 37. 

House re- ^he q uestl0n was then put, that the house do agree to the said h. Journal, 
tumsbillto first amendment proposed by the Senate, and determined in the P* 4 ^ 4 * 
agreeing, negative, by the following vote: — 

Ayes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Clarke, Dayton, Fitzsimons, Gilman, Goodhue, Gor- 
don, Hartley, Hillhouse, Jacobs, Kitchell, Kittera, Livermore, 
Niles, Sedgwick, J. Smith, I. Smith, W. Smith, Sturges, Silves- 
ter, Thatcher, Vining, Wadsworth, Ward. — 29. 

Noes — Messrs. Ashe, Baldwin, Brown, Findley, Gerry, Giles, 
Griffin, Grove, Huger, Key, Lee, Macon, Madison, Moore, 
Muhlenberg, Murray, Page, Parker, Schoonmaker, Seney, She- 
ridan, Steele, Sterrett, Sumpter, Tredwell, Tucker, Venable, 
Wayne, White, Williamson, Willis. — 31. 

The second amendment made by the Senate, striking out the h. Journal, 
words, "state of," before the word " Carolina," and inserting P- 476 - 
after Carolina, the word " District " was then agreed to by the 
House. 
Senate in- On the 15th, the bill was again brought up for consideration s. Journal, 
sists. j n the Senate: a motion was made to postpone its consideration P- 356, 

until to-morrow se'nnight; and this being negatived, another mo- 
tion was made to postpone until the following Monday, which 
was also decided in the negative. A motion was then made to 
recede from the amendment disagreed to by the House of Re- 
presentatives, and the question was decided as follows: — 
Vol I.— 26 



202 HISTORY OF CONGRESS. 



Chap. IT. The Constitution— Laws to carry into Effect, &e. 1791. 



2d congress. Yeas — Messrs. Burr, Butler, Dickinson, Few, Gunn, Haw- 

1st Session. 

" kins, Henry, Johnston, Izard, King, Monroe, Morris. — 12. 

Nays — Messrs. Bradley, Cabot, Ellsworth, Foster, Langdon, 
Read, Robinson, Rutherford, Stanton,. Sherman,. Strong, Win- 
gate. — 12. 

The numbers being equal, the Vice-President determined the 
question in the negative. 

A motion was then made that the Senate insist on the amend- 
ment disagreed to by the House of Representatives, and appoint 
a committee of conference: but this motion was negatived; and 
the Senate then adopted a resolution to insist on the amendment 
disagreed to by the House. 

On Monday, the 19th of December, the House resumed the 
consideration of the amendments, when a motion was made to 
House re- recede from their disagreement to the amendment of the Se- H. Journal, 
fuses to re- na t e j but the motion was decided in the negative, by the follow- P- 4 ' 6 * 
ing voter — 

Jlyes — Messrs. Ames, Benson, Boudinot, S. Bourne, B. 
Bourne, Clarke, Dayton, Fitzsimons, Gilman, Goodhue, Gordon, 
Gregg, Hartley, Hillhouse, Jacobs, Kittera, Leonard, Liver- 
more, Niles, Sedgwick, J. Smith, I. Smith, Sturges, Silvester, 
Thatcher, Wadsworth, Ward. — 27. 

Noes — Messrs. Ashe, Baldwin, Barnwell, Brown, Findley, 
Gerry, Giles, Griffin, Grove, Huger, Key, Lawrance, Lee, Ma- 
con, Madison, Moore, Muhlenberg, Murray, Page, Parker, 
Schoonmaker, Seney, W. Smith, Steele, Sterrett, Sumpter, Tred- 
well, Tucker, Yenable, Wayne, White, Williamson, Willis. — 33. 

House re- It was then moved, that the house do adhere to their disagree- id. p. 477. 
adhere. t0 ment to ^ e amena " ment °f the Senate ; which motion was de- 
cided in the affirmative, by the following vote: — 

Ayes — Messrs. Ashe, Baldwin, Barnwell, Brown, Findley, Ger- 
ry, Giles, Griffin, Grove, Huger, Key, Lawrance, Lee, Macon, 
Madison, Moore, Muhlenberg, Murray, Page, Parker, Schoonma- 
ker, Seney, W. Smith, Sterrett, Sumpter, Tredwell, Tucker, 
Venable, Wayne, White, Williamson, Willis. — 32. 

Noes. — Messrs. Ames, Benson, Boudinot, S. Bourne, B. Bourne, 
Clarke, Dayton, Fitzsimons, Gilman, Goodhue, Gordon, Gregg, 
Hartley, Hillhouse, Jacobs, Kittera, Leonard, Livermore, Niles, 
Sedgwick, J. Smith, I. Smith, Sturges, Silvester, Thatcher, 
Wadsworth, Ward.— 29. 

Senate re- On the 20th, the Senate proceeded to consider the resolution S. Journal, 
adhere. t0 of tllc IIouse of Representatives to adhere to their disagreement. P* 358, 



HISTORY OF CONGRESS. 203 



Cbap. II. The Constitution— Laws to carry into Effect, &c. 1791. 



2d congress, when a motion was made that the Senate do adhere to their 

1st Session. 

amendment. This motion was decided as follows : — 

Yeas — Messrs. Bradley, Cabot, Ellsworth, Foster, King, Lang- 
don, Robinson, Rutherford, Stanton, Sherman, Strong, Wingate. 
—12. 

Nays — Messrs. Burr, Butler, Dickinson, Few, Gunn, Hawkins, 
Henry, Johnston, Izard, Moore, Morris, Read. — 12. 

The numbers being equal, the Vice-President gave his casting 
vote in the affirmative ; and the bill was thus lost. 

Motion for On the 6th of January, 1792, the following motion was sub- 1792. 

a new bill. m jtted to the House of Representatives: " That a committee be h. Journal, 
appointed to prepare and bring in a bill for apportioning repre- P* 489, 
sentatives among the several states, according to the first enume- 
ration, and making provision for a second enumeration, and for 
an apportionment of representatives therein, to compose * the 
House of Representatives,' after the third day of March, one 
thousand seven hundred and ninety-seven." It was moved to 
amend this motion, by inserting, after the word " enumeration" 
the following words : " and the ratio of one representative for every 

Considered thirty thousand." This motion and amendment were committed Id. p. 495 s 

m^comirut- ^ Q a comm ittee f the whole house on the following Thursday. 
The subject, however, was not resumed until Tuesday, the 24th, 
when the house resolved itself into committee on the proposi- 
tion and amendment. On the same day the committee reported 
the following resolution: — 

Resolution "Resolved — That it is the opinion of this committee, that a bill 
reported. 0U ght ( De prepared for apportioning representatives among the 
several states, according to the first enumeration, and making 
provision for a second enumeration, and for an apportionment of 
representatives thereon, to compose the House of Representa- 
tives, after the third day of March, one thousand seven hundred 
and ninety-seven, and that no greater ratio be reported than 
thirty thousand inhabitants for every representative." 

Amend- This resolution having been read a second time, it was moved 
ment pro- ^ amen( j j£ by striking out the words, " and making provision 
for a second enumeration, and for an apportionment of repre- 
sentatives thereon, to compose the House of Representatives, af- 
ter the third day of March, one thousand seven hundred and 
ninety-seven, and that no greater ratio be reported than thirty 
thousand inhabitants for every representative :" whereupon, a di- 
Diyided. vision of the motion was called for, and the question was first 



204 HISTORY OF COXGRF.SS. 



Chap. IT. Tbe Constitution— Laws to cany into Effect. &e. 17^2. 



M congress, taken on striking out the words following: — •'• and making provi- 

Ist Session. , w . , & * 

sion for a second enumeration, and for an apportionment of re- 
presentatives, after the third day of March. 1797:*' which was de- 
Negatived, cided in the negative, by the following vote: — 

— Messrs. Boudinot. S. Bourne, B. Bourne, Clarke, Day- 
ton, Fitzsimons, Oilman. Gregg, Hartley, Heister, Jacobs. Kit- 
chell. Leonard, Livermore, Niles, Schoonmaker, Seney. Jere. 
Smith, I. Smith. Silvester. Tucker, Ward. — 22. 

Noes — Messrs. Ames. Ashe. Baldwin, Barnwell. Benson. Brown, 
Findiey, Gerry, Giles, Goodhue, Griffin, Grove. Huger, Key. 
Kittera, Lawrance, Lee. Macon, Madison, Moore, Muhlenberg. 
Murray, Page, Sheridan, Steele. Sterrett, Sturges, Sumpter, 
Thatcher, Tredwell, Tenable. Wadsworth. Wayne, White. Wil- 
liamson, Willis.— 36. 

The question was then taken on the residue of the motion, to h. Journal, 
Last clause strike out these words: *' ; and that no greater ratio be reported P- 4 - 6 > 497 - 
^^ en than thirty thousand inhabitants for every representative;" which 
was decided in the affirmative by the following vote: — 

— Messrs. Ames. Barnwell. Benson. Boudinot, S. Bourne, 
Clarke, Davton, Fitzsimons, Gilman. Goodhue, Gregg, Grove, 
Hartley, Heister, Jacobs, Key, Kitchell. Kittera, Leonard, Li- 
vermore, Macon, Madison, Xiles. Jere. Smith. I. Smith, Steele, 
Sturges, Silvester. Thatcher, Tucker, Wadsworth. Ward. Wil- 
lis.— 32. 

Abes — Messrs. Ashe. Baldwin. B. Bourne. Brown, Findiey, 
Gerrv. Giles, Gordon. Griffin, Huger. Lawrance. Lee. Moore, 
Muhlenberg. Murray. Page. Schoonmaker. Seney. Sheridan. 
Sterrett, Sumpter, Tredwell, Venable, Wayne. White. William- 
son.— 26. 

The resolution, as amended, was then agreed to. and the 
house adopted the following resolution: — 

u Resotced — That a bill be prepared for apportioning repre- 
sentatives among the several states, according to the first enu- 
meration, and making provision for a second enumeration, and 
for an apportionment of representatives thereon, to compose the 
House oi Representatives, after the third day of March, one 
thousand seven hundred and ninetv-seven." 



Committee A committee, consisting i :ison, and Ger- 

to prepare rv v a then appointed to prepare and bring in the bill. 

".„ , On the 7th of Februarv, Mr. Benson presented a bill to the 
Bui read r 

1st time, house, pursuant to order, which then received its first reading. 



HISTORY OF CONGRESS. 205 



CHAP. II. The Constitution— Laws to carry into Effect, &c 1792. 



2d congress. On the following day, the bill was read a second time, and com- H. Journal, 

1st Session. ° _ eryr 

, mitted for the following Monday. The bill was considered in g llt 
2d time, committee of the whole, on the 13th, 15th, 16th, 17th, and 20th; 
Commit- an( j on t k e j ag £ name( j <jay, the committee reported several 
Reported, amendments. All the amendments to the first section were 
with a- agreed to. A motion was then made to expunge the second sec- 
ments, tion, in the words following ; to wit : — 

Motion to " And be it further enacted — That there shall be another enu- Id. p. 512. 
amend. meration of the inhabitants of the United States, to be made by 
the several marshals within their respective districts, to com- 
mence on the day of , in the year , and to close 

: and returns thereof to be transmitted by the marshals to 

the President of the United States, within calendar months 

thereafter. That, in each return, shall be certified the number 
of persons within the district, excluding Indians, not taxed; and 
distinguishing the number of free persons, including those bound 
to service for a term of years; and the number of all other 
persons. That the marshals may appoint as many persons, as 
assistants to them, in making the enumeration, as they shall 
deem requisite; and assign to each assistant such division of the 
district, and to be limited and described, as they shall deem con- 
venient. That each assistant shall, before he enters on the trust 
assigned to him by this act, take the following oath, or affirma- 
tion, before any magistrate within the district, authorized to ad- 
minister an oath ; namely : — " I, A. B., do solemnly swear, (or af- 
firm,) that I will make a just and perfect enumeration of all the 
inhabitants within the division assigned to me by the marshal of 

the district of , and make due return thereof to the said 

marshal, pursuant to-an act of Congress, entitled 'An act ' 

according to the best of my ability." That each assistant, fail- 
ing to make a return, or making a false return, shall be deemed 
guilty of misdemeanor, and be punished by fine or imprisonment, 
or both, in the discretion of the court. That every assistant 
shall be allowed, for his services and expenses in the execution 
of the said trust, at the rate of for every persons re- 
turned by him, not residing in a city or town containing more 

than five thousand persons, and at the rate of for every- 

persons returned by him residing in such city or town. But 
where, from the dispersed situation of the inhabitants, in some 
divisions, the above allowance may be judged insufficient, the 
marshal may, with the approbation of the judge of the district, 
make such additional allowance to the assistants, in such divi- 
sions, as he shall deem reasonable : Provided, the whole allow- 



200 HISTORY OF CONGRESS. 



Chap. IT. The Constitution— Laws to carry into Effect, &c. 1792. 



2d congress, ance to any assistant shall not exceed the rate of for every 

1st Session. ■* J 

of the whole number of persons returned by him. That 

the marshals of the several districts shall, for the services re- 
quired of them by this act, be allowed as follows ; namely: — 

The marshal of the district of Maine ■ , 

The marshal of the district of New Hampshire , 

The marshal of the district of Massachusetts , 

The marshal of the district of Vermont , 

The marshal of the district of Rhode Island , 

The marshal of the district of Connecticut . 

The marshal of the district of New York , 



The marshal of the district of New Jersey - 
The marshal of the district of Pennsylvania 
The marshal of the district of Delaware — 
The marshal of the district of Maryland — 

The marshal of the district of Virginia 

The marshal of the district of Kentucky — 



The marshal of the district of North Carolina , 

The marshal of the district of South Carolina , 

The marshal of the district of Georgia . 

" That all persons, being heads of families, shall, when there- 
unto required by the assistant for the division, render to him a 
true account of the number of persons of which their respective 
families shall consist, on pain of forfeiting twenty dollars ; to be 
sued for, and recovered by the assistant : one half to his own use, 
and the other half to the use of the United States." 

Motion ne- This motion was decided in the negative, by the following H. Journal/ 
gatived. vo te:— p. 512, 513. 

Ayes — Messrs. Barnwell, Boudinot, S. Bourne, B. Bourne, 
Clarke, Dayton, Gilman, Goodhue, flillhouse, Key, Kitchell, 
Leonard, Livermore, Niles, Schoonmaker, Seney, I. Smith, 
Sturges, Silvester, Thatcher, Tredwell, Tucker, White.— 23. 

Noes — Messrs. Ashe, Baldwin, Brown, Findley, Fitzsimons, 
Gregg, Griffin, Grove, Hartley, Huger, Kittera, Lawrance, Ma- 
con, Madison, Moore, Muhlenberg, Murray, Parker, VV. Smith, 
Steele, Sterrett, Sumpter, Venable, Vining, Wayne, Willis. — 26. 

Motion to The amendments to the second section were then agreed to. 
3d P and g 4th ^ mo ^ on was tnen ma de to expunge the third and fourth sec- 
sections, tions which follow: — 

"And be it further enacted — That from and alter the third day 
of March, in the year one thousand seven hundred and ninety- 



HISTORY OF CONGRESS. 207 



Chap. II. The Constitution— Laws to carry into Effect, &c. 1792. 



2d congress, seven, the House of Representatives shall be composed of mem- 

lst Session. 1 j • i_ • 1 1 

bers elected within the several states, according to an apportion- 
ment to be made in the manner following : that is to say — The 
number of persons (defined as above mentioned) within the se- 
veral states, being ascertained from the returns of the marshals, 
to be made in pursuance of this act, there shall be elected, with- 
in each state, the like number of representatives, as the quo- 
tient of the number of persons within the state, divided by . 

" And be it further enacted — That the President of the United 

States shall, as soon as conveniently may be, after the day 

of , in the year , cause the executives of the several 

states to be notified of the number of Representatives to be 
elected within the states respectively, according to the apportion- 
ment as declared and enacted in the third section of this act; 
but, in case he shall not, on or before that day, have received 
returns from all the marshals within the United States, or, in 
case he shall have received them, if it should appear, from them, 
that the whole number of persons within the United States, (de- 
fined as aforesaid,) is, or doth exceed millions, then such 

notification shall not be made; and, in either of the said cases, 
the fourth section of this act shall be, and hereby is, declared to 
be, suspended ; and the House of Representatives shall continue 
to be composed of members elected within the several states, ac- 
cording to the apportionment, as declared and enacted in the first 
section of this act, until further provision shall be made by law, 
any thing in this act notwithstanding : and, if either of the said 
cases shall happen, the President of the United States shall, as 

soon as conveniently may be, after the said day of , 

in the year , cause the executives of all the states to be no- 
tified thereof." 

Motion ne- This motion was decided in the negative, by the following h Journal 
^^ vote:— p.513,514: 

jjyes — Messrs. Barnwell, Boudinot, S. Bourne, B. Bourne, 
Clarke, Dayton, Gilman, Goodhue, Gregg, Hillhouse, Jacobs, 
Key, Kitchell, Livermore, Moore, Niles, Page, Schoonmaker, 
Seney, Jere. Smith, I. Smith, Sturges, Silvester, Thatcher, 
Tucker.— 25. 

Noes— Messrs. Ashe, Baldwin, Benson, Brown, Findley, 
Fitzsimons, Griffin, Grove, Hartley, Huger, Kittera, Lawrance, 
Macon, Madison, Muhlenberg, Murray, Parker, W. Smith, 
Sterrett, Sumpter, Tredwell, Venable, Vining, Wayne, White, 
Willis.— 26. 



306 HISTORY OF CONGRESS. 



Chap. H. The Constitation— Laws to carry into Efiec l?9*-2. 



ad confess. The question was then put, on agreeing to the amendment to 
-——— m : ;-_ e blank a: the end of the third section, with the words. 
fiDed with ■ thirty thousand;' so as to read. ■ divided by thirty thousand. 
"30,000." w h en it was decided in the affirmative, by the following vote: — 

tlyes — Messrs. Ashe, Baldwin, Benson, Brown, Findley, 
Fitzsimons, Griffin, Hartley, Huger, Key. Lawrance, Macon, 
Madison, Muhlenberg. Murray, Page. Parker, Schoonmaker, 
Seney. Sterrett, Sumpter, Silvester, Tredwell, Tucker, Venable, 
Vining, Wayne. White, Willis.— 29. 

Xoes — Messrs. Barnwell. Boudinot, S. Bourne, B. Bourne, 
Clarke, Dayton, Gilraan. Goodhue, Gregg. Hilihouse, Jacobs, 
Kitchell, Kittera, Leonard, Livermore, Moore, INiles, Jere. 
Smith, I. Smith, W. Smith, Sturges, Thatcher.— 22. 

The other amendments were then agreed to, and the bill and 
amendments were ordered to be engrossed for a third reading. 

Read a 3d On the 21st of February, the bill received its third reading, 
pjJ^L and the question its passage was decided affirmatively, by 

the following vote: — 

Ayes — Messrs. Baldwin, Barnwell, Benson. Clarke, Findley. 
Fitzsimons, Griffin, Grove, Hartley, Jacobs, Key. Kittera, Law- 
rance, Macon, Madison, Moore, Muhlenberg, Murray, Page, 
Parker, Schoonmaker, Seney, W. Smith, Sterrett, Sumpter, Sil- 
vester, Tredwell, Tucker, Yenable, Vining, Wayne, White, 
Williamson, Willis. — 34. 

Noes — Messrs. Ames, S. Bourne. B. Bourne, Dayton. Gil- 
man, Goodhue, Hilihouse, Kitchell, Leonard, Livermore. Niles, 
Sedgwick, I. Smith, Sturges, Thatcher, Wadsworth. — 16. 

1st and The bill was read a first time, in the Senate, on the same day: 3. Jot 
2d reading ^ on ^ 23d it w?5 read a se2on( j t j met || was then moved p ' 394- 
in Senate, 3 

to amend the first part of the first section of the bill, in the fol- 
lowing manner: — 

Motion to • "That, from and after the third day of March, one thousand 
amend - seven hundred and ninety-three, the House of Representatives 
shall be composed of one hundred members, elected agreeably 
to a ratio of one member for every thirty thousand inhabitants 
in each s:a:e, computed according to the rule prescribed by the 
Constitution. " 

Negatived. This motion was decided in the negative, by the following id. p. 35 
vote: — 

Yeas — Messrs. B ibot, Dickinson, Ellsworth, Foster, 

Langdon, Read, Robinson, Sherman, Strong, Wingate. — 11. 



HISTORY OF CONGRESS. 209 



Chap. II. The Constitution— Laws to carry into Effect, &.c. 1792. 



2d congress. Nays — Messrs. Bradley, Burr, Butler, Carroll, Few, Gunn, 
Hawkins, Henry, Izard, Johnston, King, Lee, Monroe, Morris, 
Rutherford, Stanton. — 16. 

Motion to A motion was then made to amend the first part of the first 
amen ' section of the bill, in the following manner: — 

" That, from and after the third day of March, one thousand 
seven hundred and ninety-three, the House of Representatives 
shall be composed of one hundred and nineteen members, elected 
agreeably to a ratio of one member for every thirty thousand in- 
habitants in each state, computed according to the rule prescribed 
by the Constitution." 

Postpone- Before the question was taken on this motion, the Senate ad- 
journed; and, on the following day, the further consideration of 
the bill was postponed until Thursday, the 1st of March. On 
that day, it was further postponed until the following Monday, S. Journal, 

Motion to and it was then taken up for consideration. A motion was made p * * 

, .. * Id TJ 404 

tkand 1st on Tuesa " a y> the 6th of March, to amend the title and first sec- 40 ^' 
section. tion as follows: — 

"An Act for the Apportionment of Representatives among the several 
States, according to the first Enumeration ; and making Provi- 
sion for another Enumeration, and an Apportionment of Repre- 
sentatives thereon, to compose the House of Representatives, after 
the third day of March, one thousand eight hundred and three. 
"Section 1. Be it enacted, by the Senate and House of Represent 
tatives of the United States of America, in Congress assembled — 
That, from and after the third day of March, in the year one 
thousand seven hundred and ninety-three, the House of Repre- 
sentatives shall be composed of one hundred and twenty mem- 
bers, elected within the several states, according to the follow- 
ing apportionment: that is to say, within the state of New 
Hampshire, five; within the state of Massachusetts, sixteen; 
within the state of Vermont, three ; within the state of Rhode 
Island, two; within the state of Connecticut, eight; within the 
state of New York, eleven; within the state of New Jersey, six; 
within the state of Pennsylvania, fourteen ; within the state of 
Delaware, two; within the state of Maryland, nine; within the 
state of Virginia, twenty-one; within the state of Kentucky, two ; 
within the state of North Carolina, twelve; within the state of 
South Carolina, seven; and within the state of Georgia, two." 

Negatived. This motion was decided in the negative by the following 
vote : — 

Vol. I.— 27 



210 HISTORY OF CONGRESS. 



CHAP. II. The Constitution— Laws to carry into Effect, &c. 1792. 



2d congress. Yeas — Messrs. Bassett, Bradley, Burr, Cabot, Ellsworth, Fos- 

lst Session. r» 

ter, King, Langdon, Read, Robinson, Rutherford, Stanton, Win- 
gate.— 13. 

Nays — Messrs. Butler, Carroll, Dickinson, Few, Gunn, Haw- 
kins, Henry, Johnston, Izard, Lee, Monroe, Morris, Sherman, 
Strong. — 14. 

Motion to A motion was then made to amend the first clause of the first 

SS£ 1St section as Allows:— 
section, 

"Section 1. Be it enacted, by the Senate and House of Represen- 
tatives of the United States of America, in Congress assembled — 
That, from and after the third day of March, in the year one 
thousand seven hundred and ninety-three, the House of Repre- 
sentatives shall be composed of members elected within the se- 
veral states, according to the following apportionment : that is 
to say." 

Agreed to. This motion was decided in the affirmative, by the following 
vote : — 

Yeas — Messrs. Bassett, Bradley, Burr, Cabot, Ellsworth, Fos- 
ter, King, Langdon, Read, Robinson, Rutherford, Sherman, Stan- 
ton, Strong, Wingate. — 15. 

Nays — Messrs. Butler, Carroll, Dickinson, Few, Gunn, Haw- 
kins, Henry, Izard, Johnston, Lee, Monroe, Morris. — 12. 

Motion to It was then moved to amend the second clause of the first sec- 

Z£ 2<I ti0D ' thUS: ~ 

" Within the state of New Hampshire, four; within the state of 

Massachusetts, fourteen; within the state of Vermont, two; with- 
in the state of Rhode Island, two; within the state of Connecti- 
cut, seven; within the state of New York, ten; within the state 
of New Jersey, five; within the state of Pennsylvania, thirteen; 
within the state of Delaware, one; within the state of Mary- 
land, eight; within the state of Virginia, nineteen; within the 
state of Kentucky, two; within the state of North Carolina, ten; 
within the state of South Carolina, six; and within the state of 
Georgia, two." 

Negatived. The question being taken on this motion, it was determined in 
the negative, by the following vote: — 

Yeas — Messrs. Bradley, Cabot, Ellsworth, Foster, King, Lang- 
don, Robinson, Rutherford, Sherman, Strong, Wingate. — 11. 

Nays— Messrs. Bassett, Burr, Butler, Carroll, Dickinson, Few, 
Gunn, Hawkins, Henry, Izard, Johnston, Lee, Monroe, Morris, 
Read, Stanton. — 16. 



HISTORY OF CONGRESS. 211 

CHAP. II. The Constitution— Lftiws to carry into Effect, Set. 1792. 



2d congress. The title and first section of the bill were then agreed to, in S. Journal, 

1st Session. . p. 436. 

-^j— ; the following form:- 

1st section i( j± n j± ct j-^ an Apportionment of Representatives among the seve- 
ral States, according to the first Enumeration, and making Pro- 
vision for another Enumeration. 
" Section 1. Be it enacted, by the Senate and House of Repre- 
sentatives of the United States of America, in Cofigress assembled — 
That, from and after the third day of March, in the year one 
thousand seven hundred and ninety-three, the House of Repre- 
sentatives shall be composed of members elected within the se- 
veral states, according to the following apportionment : that is to 
say ; within the state of New Hampshire, four; within the state 
of Massachusetts, fifteen; within the state of Vermont, two; 
within the state of Rhode Island, two ; within the state of Con- 
necticut, seven ; within the state of New York, eleven ; within 
the state of New Jersey, five ; within the state of Pennsylvania, 
fourteen; within the state of Delaware, one; within the state of 
Maryland, nine ; within the state of Virginia, twenty-one ; with- 
in the state of Kentucky, two ; within the state of North Caroli- 
na, eleven ; within the state of South Carolina, six ; and within 
the state of Georgia, two." 

The following being the vote by which it was passed in the 
affirmative : — 

Yeas — Messrs. Bassett, Burr, Butler, Carroll, Few, Gunn, Haw- 
kins, Henry, Izard, Johnston, King, Lee, Monroe, Morris, Read. 
—15. 

Nays — Messrs. Bradley, Cabot, Dickinson, Ellsworth, Foster, 
Langdon, Robinson, Rutherford, Sherman, Stanton, Strong, Win- 
gate.— 12. 
2d section A motion was then made to expunge the second section of the 
stricken l>ill, xis it came from the House of Representatives, which was 
determined in the affirmative, by the following vote : — 

Yeas — Messrs. Bradley, Cabot, Carroll, Dickinson, Ellsworth, 
Foster, King, Morris, Robinson, Rutherford, Sherman, Stanton* 
Strong, Wingate. — 14. 

Nays — Messrs. Bassett, Burr, Butler, Few, Gunn, Hawkins, 
Henry, Izard, Johnston, Langdon, Lee, Monroe, Read. — 13. 
Restored It was then agreed to restore the second section, so amended 
form ended as to P rov ^ e *° r an enumeration to be taken in the year 1798, 

instead of the year 1796. 
Ordered to The third and fourth sections of the bill, as it passed the house, 
ngr * were then stricken out, and the bill was ordered to its third read- 
ing. 



212 HISTORY OF CONGRESS. 



CHAP. II. The Constitution— Laws to carry into Effect, &c. 1792. 



2d congress. On the 7th of March, after the bill had been read a third s. Journal 

1st Session. " ^^ 

time, a motion prevailed to postpone its further consideration un- P' * uo ' 
Postponed, til the following Tuesday, (the 13th. ) But on Monday, the 12th, 
Further a- the Senate, by unanimous consent, reconsidered that decision, and 
mended, proceeded at once to the consideration of the bill. A motion 

was then made to amend the first section to read as follows :— 

u Section 1. Be it enacted, by the Senate and House of Represen- 
tatives of the United States of America, in Congress assembled — 
That, from and after the third day of March, in the year one 
thousand seven hundred and ninety-three, the House of Repre- 
sentatives shall be composed of one hundred and twenty mem- 
bers, elected within the several states, according to the following 
apportionment: that is to say; within the state of New Hamp- 
shire, five ; within the state of Massachusetts, sixteen ; within the 
state of Vermont, three; within the state of Rhode Island, two; 
within the state of Connecticut, eight ; within the state of New 
York, eleven; within the state of New Jersey, six; within the 
state of Pennsylvania, fourteen; within the state of Delaware, 
two ; within the state of Maryland, nine ; within the state of 
Virginia, twenty-one; within the state of Kentucky, two ; within 
the state of North Carolina, twelve ; within the state of South 
Carolina, seven ; and within the state of Georgia, two." 

And this motion passed in the affirmative, by the following 
vote : — 

Yeas — Messrs. Bassett, Bradley, Burr, Cabot, Ellsworth, Fos- 
ter, King, Langdon, Read, Robinson, Rutherford, Stanton, Strong, 
Wingate. — 14. 

Nays — Messrs. Butler, Carroll, Dickinson, Few, Gunn, Haw- 
kins, Henry, Johnston, Izard, Lee, Monroe, Morris, Sherman. 
,—13. 

Motion to It was then moved to amend the amendment just agreed to, 
amend. ^y inserting after the word " apportionment," the words follow- 
ing:— 

" Made by dividing the whole aggregate numbers of the peo- 
ple in the United States by thirty thousand, and apportioning 
them among the several states by that ratio, until they shall re^ 
spectively have the number to which it will entitle them, and 
the residue of said members amongst those states having the 
highest fractions." 

Negatived. This motion was determined in the negative, by the following 
vote : — 



HISTORY OF CONGRESS. 213 



Chap.IT. The Constitution— Laws to carry into Effect, &c. 1792. 



2«i congress. Yeas — Messrs. Carroll, Dickinson, Henry, Johnston, Lee, Mon- 

1st Session. t ' J ' 

roe, Morris. — 7. 

JVmjs — Messrs. Bassett, Bradley, Burr, Butler, Cabot, Ellsworth, 
Few, Foster, Gunn, Hawkins, Izard, King, Langdon, Read, Ro- 
binson, Rutherford, Sherman, Stanton, Strong, Wingate. — 20. 

Further A motion was then made to amend the first enacting clause, s. Journal, 
motion to fH p.408,409. 

amend. 

" Be it enacted, by the Senate and House of Representatives 
of the United States of America, in Congress assembled — That, 
from and after the third day of March, in the year one thousand 
seven hundred and ninety-three, the House of Representatives 
shall be composed of one hundred and twenty members, being 
one member for every thirty thousand persons within the United 
States, computed according to the rule prescribed by the Consti- 
tution, and who shall be apportioned to, and elected within the 
several states, according to their respective numbers." 

Negatived. This motion was also negatived, by the following vote: — 

Yeas — Messrs. Bassett, Bradley, Burr, Cabot, Ellsworth, 
Foster, King, Langdon, Read, Robinson, Wingate. — 11. 

Nays — Messrs. Butler, Carroll, Dickinson, Few, Gunn, Haw- 
kins, Henry, Johnston, Izard, Lee, Monroe, Morris, Rutherford, 
Sherman, Stanton, Strong. — 16. 
Title a- It was then agreed to expunge the second section, as adopted 
mended. by the Senate on the 6th instant; and that the title of the bill be 
so amended as to read thus; " An act for an apportionment of re- 
presentatives among the several states, according to the first enu- 
meration." 
Billpassed. The question, "Shall the bill pass as amended?" was then 
passed in the affirmative, by the following vote: — 

Yeas — Messrs. Bassett, Bradley, Burr, Cabot, Ellsworth, 
Foster, King, Langdon, Read, Robinson, Rutherford, Stanton, 
Strong, Wingate. — 14. 

Nays — Messrs. Butler, Carroll, Dickinson, Few, Gunn, Haw- 
kins, Henry, Johnston, Izard, Lee, Monroe, Morris, Sher- 
man. — 13. 

On the 17th of March, the House of Representatives resumed H. Journal, 
the consideration of the subject. The question was then taken P- 538 > 539 - 
on agreeing to the first amendment of the Senate, as follows: — 

House dis- u Section first, line fourth, between the words < of '■ and < mem- 
agrees to 
the 1st a- bers/ insert < one hundred and twenty.' " 

mendment . 

of Senate. And it was decided in the negative, by the following vote: — 



214 HISTORY OF CONGRESS. 



CHAP. II. The Constitution— Laws to carry into Effect, &c. 1792. 



Senate ma 
nagers, 



2d congress. Ayes — Messrs. Ames, Benson, Boudinot, S. Bourne, B. 

1st Session. 

" Bourne, Clarke, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, 

Hartley, Jacobs, Kitchell, Kittera, Lawrance, Leonard, Liver- 
more, Niles, Schoonmaker, Sedgwick, Jere. Smith, I. Smith, 
Steele, Silvester, Thatcher, Tredwell, Vining, Wadsworth. — 30. 
Noes — Messrs. Ashe, Baldwin, Barnwell, Brown, Findley, 
Giles, Gregg, Griffin, Grove, Heisler, Hillhouse, Huger, Key, 
Lee, Macon, Madison, Mercer, Moore, Muhlenberg, Page, 
Parker, Seney, W. Smith, Sterrett, Sturges, Sumpter, Tucker, 
Venable, White, Williamson, Willis.— 31. 
All the a- All the other amendments of the Senate w r ere then severally 
mend " . disagreed to by the House, and a resolution was adopted, desiring 
agreed to. a conference with the Senate on the subject matter of the said 
Conference amendments; and Messrs. Madison, Findley, Hillhouse, Smith, 
of South Carolina, and Baldwin, were appointed managers of the 
said conference on the part of the House. 
Senate a- On the 19th, the Senate agreed to the conference, and appoint- S. Journal, 
confer-° e ^> as mana g ers on tne i r part, Messrs. Ellsworth, Burr, and p * • 

ence. Butler. 

Report of Mr. Ellsworth, from the managers of this conference on the Id. p. 414. 
part of the Senate, made a report on the 22d, that they had con- 
ferred with the managers appointed on the part of the House of 
Representatives, but had come to no agreement. 
Senate in- A. motion was then made to insist on the amendment to the 
S1 mend- heir ** rst sect * on °^ ^ e bill, which was decided in the affirmative, by 
ments. the following vote: — 

Yeas — Messrs. Bassett, Bradley, Burr, Cabot, Ellsworth, Fos- 
ter, King, Langdon, Read, Robinson, Rutherford, Stanton, 
Strong, Wingate. — 14. 

Nays — Messrs. Butler, Carroll, Dickinson, Few, Gunn, Haw- 
kins, Henry, Izard, Johnston, Lee, Monroe, Morris, Sher- 
man. — 13. 

A motion was then made to recede from all the other amend- 
ments which had been made by the Senate to the bill; but this 
motion was negatived, by the following vote: — 

Yeas — Messrs. Carroll, Few, Gunn, Hawkins, Henry, Izard, 
Johnston, Lee, Monroe. — 9. 

Nays — Messrs. Bassett, Bradley, Burr, Cabot, Dickinson, 
Ellsworth, Foster, King, Langdon, Morris, Read, Robinson, 
Rutherford, Sherman, Stanton, Strong, Wingate. — 17. 

A resolution to insist on all these amendments was then 
agreed to. 

Mr. Madison on the same day made a report to the House of 



HISTORY OF CONGRESS. 215 



CHAP. II. The Constitution— Laws to carry into Effect, &c. 1792. 



3d congress. Representatives, from the managers on their part, "that the ma- h. Journal, 

Jst Session. x 7 ° r ' -,<, ^a 

nagers had, according to order, attended that duty, and that after P- ^* **- 

Report of offering the reasons for disagreement on the part of this house, 

house ma- an( j h ear i n p- those which were offered by the managers on the 
part of the Senate, in answer thereto, several propositions, of- 
fered by the managers on the part of this house, for accommo- 
dating the said disagreement, not being acceded to by the mana- 
gers on the part of the Senate, they had mutually determined 
to separate from the said conference without agreement." 

On the 23d, the House proceeded to reconsider the amend- id. p. 545, 

ments proposed by the Senate, which were disagreed to by the 546, 

House, and insisted on by the Senate; and a motion was then 

House re- made, that the House doth recede from their disagreement to 

cedes from a ]j fa e g^ amendments, which was decided in the affirmative 
their disa- L 7 

greement. by the following vote: — 

Ayes — Messrs. Ames, Benson, Boudinot, S. Bourne, B. 
Bourne, Clarke, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, 
Hartley, Jacobs, Kitchell, Kittera, Lawrance, Leonard, Liver- 
more, Muhlenberg, Niles, Schoonmaker, Sedgwick, Jere. Smith, 
I. Smith, Steele, Silvester, Thatcher, Tredwell, Vining, Wads- 
worth, Ward. — 31. 

Noes — Messrs. Ashe, Baldwin, Barnwell, Brown, Findley, 
Giles, Gregg, Grove, Heister, Hillhouse, Huger, Key, Lee, Ma- 
con, Madison, Mercer, Moore, Page, Parker, Seney, W. Smith, 
Sterrett, Sturges, Sumpter, Tucker, Venable, White, William- 
son, Willis. — 29. 

Thus the bill was finally passed by the two houses ; and having jj. p . 553^ 
been transmitted, in the usual manner, to the President of the 564 - 
Bill return- United States, for his approval and signature, it was returned to 
President 6 * ne House of Representatives, in which it originated, on the fifth 
of April, accompanied by the objections contained in the follow- 
ing message, which was ordered to be entered at large on the 
Journal : — 

" United States, April 5, 1792. 

" Gentlemen of the House of Representatives: — 
Objections. " I have maturely considered the act passed by the two houses, 
entitled, * An act for an apportionment of representatives among 
the several states, according to the first enumeration,' and I re- 
turn it to your house, wherein it originated, with the following 
objections: — 

" First. The Constitution has prescribed that representatives 
shall be apportioned among the several states, according to their 



216 HISTORY OF CONGRESS, 



CHAP. II. The Constitution— Laws to carry into Effect, &c. 1792. 



2d congress, respective numbers: and there is no one proportion or division, 

1st Se ssion. l . . . - , .,1 

which, applied to the respective numbers of the states, will 
yield the number and allotment of representatives proposed by 
the bill. 

"Secondly. The Constitution has also provided, that the number 
of representatives shall not exceed one for every thirty thousand; 
which restriction is, by the context, and by fair and obvious con- 
struction, to be applied to the separate and respective numbers 
of the states: and the bill has allotted to eight of the states more 
than one for every thirty thousand. 

" G. Washington." 



Resolution It was then resolved, (i that to-morrow be assigned for the H. Journal, 

to r< 

sider. 



*" reconsideration of the said bill, in the mode prescribed by the P- 565 > 566 - 



Constitution of the United States." 
Billrecon- In pursuance of this resolution, the house, on the 6th of 
rejected. 11 April, proceeded to reconsider the bill. The bill was then read, 
and the President's objections having also been read, the matter 
was debated, and the question, " That the house, on reconsider- 
ation, do agree to pass this bill," was, in the mode prescribed 
by the Constitution, put and decided in the negative, two-thirds 
of the house not agreeing to pass the same, by the following 
vote: — 

Jiyes — Messrs. Ames, Benson, S. Bourne, B. Bourne, Clarke, 
Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Hartley, Jacobs-, 
Kitchell, Kittera, Lawrance, Leonard, Livermore, Niles, Schoon- 
maker, Sedgwick, Jere. Smith, I. Smith, Steele, Thatcher, Tred- 
well, Vining, Wadsworth, Ward. — 28. 

Noes — Messrs. Ashe, Baldwin, Barnwell, Brown, Findley, 
Giles, Gregg, Griffin, Grove, Heister, Hill house, Huger, Key, 
Lee, Macon, Madison, Mercer, Moore, Muhlenberg, Murray, 
Page, Parker, Seney, Sheridan, W. Smith, Sterrett, Sturges, 
Sumpter, Tucker, Venable, White, Williamson, Willis. — 33. 

House On the following day, a committee was appointed by the id. p. 567. 
committee House of Representatives, consisting of Messrs. Lawrance, Se- 
newbill. ney, and Smith, of New Hampshire, " to prepare and bring in a 
bill or bills apportioning representatives among the several states, 
according to the first enumeration, at the ratio of one represent- 
ative for every thirty thousand persons in the respective states." 
Mr. Lawrance, on the 7th, reported from this committee, " a 
bill apportioning representatives among the several states, accord- 
ing to the first enumeration, at the ratio of one representative 
for every thousand persons in the respective states;" 



HISTORY OF CONGRESS. 217 



Coat. II. The Constitution— Laws to carry into Effect, &c. 1792. 



2d congress, which was read a first and second time, and committed for the H. Journal, 

1st Session. -,-q 7 

Bill report fo " owln S Monday. On that day the bill was considered in com- p * ooy * 
ed, read mittee, and reported to the house with the following amend- 
twice, and _.-,,.. 
committed. meni «— 

Blank " Line fifth, fill up the blank with the words < thirty-three. 9 " Id. p. 570. 

filled with 

"thirty- The question on agreeing to this amendment, was passed in 
rce ' the affirmative by the following vote: — 

Jlyes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourn, 
B. Bourn, Clarke, Dayton, Fitzsimons, Gerry, Gilman, Good- 
hue, Gordon, Gregg, Hartley, Heister, Hillhouse, Huger, Jacobs, 
Kitchell, Kittera, Leonard, Livermore, Niles, Sedgwick, Jere. 
Smith, I. Smith, W. Smith, Sturges, Silvester, Thatcher, 
Vining, Wadsworth, Ward. — 34. 

Noes — Messrs. Ashe, Baldwin, Brown, Findley, Giles, Grif- 
fin, Grove, Key, Lawrance, Lee, Macon, Madison, Mercer, 
Moore, Muhlenberg, Murray, Page, Parker, Schoonmaker, Se- 
ney, Sheridan, Steele, Sterrett, Sumpter, Tredwell, Tucker, Ve- 
nable, White, Williamson, Willis. — 30. 
Bill passed. The bill was then ordered to be engrossed, and on the next id. p. 571. 
day, it was read a third time and passed. Being sent to the Se- s. Journal, 
Bill passed nate, it received its three readings, and was passed by that branch P' 423, 
by Senate. Qn tne ^Qth of April. And on the 16th, the approval and sig- h. Journal, 
Approved nature of the bill by the President were communicated to the P* 579 * 
by Presi- jj ouse f Representatives, by Mr. Lear, the President's secre- 
tary. 



South Ca- It must have been perceived that in the official statement given 1791. 

rolma re- f t | ie enumeration of the inhabitants of the United States, there 
turns. m 7 

were no returns from the state of South Carolina. On the 1st of 

November, 1791, the following message on the subject was com- 
municated to the two houses of Congress: — 

" United States, November 1st, 1791. 
" Gentlemen of the Senate, and of the House of Representatives : — . 
Message of " 1 received, yesterday, from the judge of the district of South s. Journal, 
President. c aro i ma? a letter enclosing the presentments of the grand jury P* 332 ' 
to him, and stating the causes which have prevented the return 
of the census from that district; copies of which are now laid 
before you. 

"G.Washington." 

Committee The house then appointed Messrs. Smith, of South Carolina, H. Journal, 
touring in Boudinot, and Venable, to be a committee to prepare and bring p " 445, 
Vol. I.— 28 



218 



HISTORY OF CONGRESS. 



Chap. II. 



The Constitution— Laws to carry into Effect, &.c. 



1791. 



H. Journal 
p. 446. 



S. Journal, 
p. 336. 

H. Journal, 

p. 449. 



2d congress, in a bill or bills granting further time for making return of the 

— " enumeration of the inhabitants in the district of South Carolina. 

The bill was reported on the same day, and received two read- 
ings. On the 2d, it was amended and ordered to be engrossed; Id. p. 447", 
Billpassed and on the 3d, it passed the house. The bill, which extended 
by House. ^ Q t\ me a ]i owec i to the marshal for making the returns, until 
Passed by the first day of March next, passed through the Senate on the 
Senate. g^ an( j ^^ f November, with some amendments, which re- 
ceived the acquiescence of the house. 

On the 3d of March, 1792, the President of the United States 
transmitted a message to the two houses in the following 
words : — 

(C Gentlemen of the Senate, and of the House of Represent- 
atives: — 

*f I lay before you a copy of the return of the number of in- Id. p. 526. 
habitants in the district of South Carolina, as made to me by s. Journal, 
the marshal thereof, and a copy of a letter which accompanied P* 404, 
said return. 

" G. Washington. 

" United States, March 3, 1792." 



The schedule referred to in the message is as follows: — 




o ft-g 


B 


C-3 










m = * 


3 


.« e 








~ 


2-e* 


m 


™«2 


o 






















s«e 


« 2 


S° 








DISTRICT. 


K C9J2 . 






2 


■ 

a 


"a 




Free w 
ixteen y 
yards, in 
f fainilie 


T" ID 

1-1 s 


H3 a 


1 
o 

< 


m 


H 




n > O *o 


o — 








South Carolina 


35,576 


37,722 


66,880 


1,801 


107,094 


249,073 



1st Congress. 
1st Session. 



Classifica- 
tion of se- 
nators. 



Committee 
appointed. 



By the third section of the first article of the Constitution, it is 1789. 
provided, that " immediately after they [the Senate] shall be as- Constitu- 
sembled, in consequence of the first election, they shall be divided gj"J u * 
as equally as may be into three classes. The seats of the senators tide 1st, 
of the first class shall be vacated at the expiration of the second sectionSd - 
year ; of the second class, at the expiration of the fourth year ; 
and of the third class, at the expiration of the sixth year : so that 
one-third may be chosen every second year," &c. 

In obedience to this provision of the Constitution, the Senate, S. Journal, 
on the 11th of May, 1789, appointed Messrs. Ellsworth, Carrol), P- 24 " 26 - 



HISTORY OF CONGRESS. 219 



CHAP. IT. The Constitution— Laws to carry into Effect, &c. 1789. 



1st congress, and Few, to be a committee " to consider and report a mode of 

1st Session. .. . . * _ __ _ _ 

carrying into execution the second paragraph (which has been 

just quoted,) of the third section of the first article of the Con- 
Reported, stitution." On the 13th, this committee made their report; and, 
on the 14th, the Senate adopted the following resolution : — 

Senate re- " Resolved — That the senators be divided into three classes : — 
solution. M The firgt to consisfc of Mr Langdon, Mr. Johnson, Mr. Mor- 

ris, Mr. Henry, Mr. Izard, and Mr. Gunn. 

" The second, of Mr. Wingate, Mr. Strong, Mr. Paterson, Mr. 
Bassett, Mr. Lee, Mr. Butler, and Mr. Few. 

" The third, of Mr. Dalton, Mr. Ellsworth, Mr. Elmer, Mr. 
Maclay, Mr. Read, Mr. Carroll, and Mr. Grayson. 

" That three papers of an equal size, numbered 1, 2, and 3, be, 
by the Secretary,- rolled up and put into a box, and drawn by 
Mr. Langdon, Mr. Wingate, and Mr. Dalton, in behalf of the re- 
spective classes in which each of them are placed ; and that the 
classes shall vacate their seats in the Senate according to the 
order of numbers drawn for them, beginning with number one: 

" And that, when senators shall take their seats from states that 
have not yet appointed senators, they shall be placed, by lot, in 
the foregoing classes, but in such manner as shall keep the classes 
as nearly equal as may be in numbers." 

Classes de- On the 15th, the Senate proceeded to determine the classes, 
termmed. an( j ^ e num bers being drawn, the classes were determined as fol- 
lows : — 

" Lot No. 1, drawn by Mr. Dalton, contained Mr. Dalton, Mr. 
Ellsworth, Mr. Elmer, Mr. Maclay, Mr. Read, Mr. Carroll, and 
Mr. Grayson ; whose seats shall, accordingly, be vacated in the Se- 
nate, at the expiration of the second year. 

" Lot No. 2, drawn by Mr. Wingate, contained Mr. Wingate, 
Mr. Strong, Mr. Paterson, Mr. Bassett, Mr. Lee, Mr. Butler, and 
Mr. Few; whose seats shall, accordingly, be vacated in the Se- 
nate, at the expiration of the fourth year. 

" Lot No. 3, drawn by Mr. Langdon, contained Mr. Langdon, 
Mr. Johnson, Mr. Morris, Mr. Henry, Mr. Izard, and Mr. Gunn; 
whose seats shall, accordingly, be vacated in the Senate, at the 
expiration of the sixth year." 

New York On the 28th of July, the senators from the state of New York s. Journal, 
senators. procee( jed to draw lots for their classes : " and two lots, No. 3 and p ' 48 * 
a blank, being, by the secretary, rolled up and put into the box, 
Mr. Schuyler drew blank ; and Mr. King having drawn No. 3, 



220 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Laws to carry into Effect, &c. 1789. 



1st congress, his seat shall, accordingly, be vacated in the Senate, at the ex- 
ist Session. . 

piration of the sixth year. 1 he secretary proceeded to put two 

other lots into the box, marked Nos. 1 and 2 ; and Mr. Schuyler 
having drawn lot No. 1, his seat shall, accordingly, be vacated in 
the Senate, at the expiration of the second year." 



istcongress. The senators from North Carolina having taken their seats, 1790. 

2d Session. « m '^ 

proceeded, on the 29th of January, 1790, to draw lots for their 
North Ca- classes : " and two lots, Nos. 2 and 3, being, by the secretary, s. Journal, 

nato SC ' rolled U P and P ut into the box ' Mr * Johnston drew lot No - 2 5 whose P- 109> 
seat in the Senate shall, accordingly, be vacated at the expira- 
tion of the fourth year ; and Mr. Hawkins drew lot No. 3, whose 
seat in the Senate shall, accordingly, be vacated at the expiration 
of the sixth year." 
Rhode On the 25th of June, the senators from the state of Rhode Id. p. 166, 
Island and Providence Plantations proceeded to draw lots for 
their classes: "and three lots, Nos. 1, 2, and 3, being, by the se- 
cretary, deposited in the box, in the usual form, Mr. Stanton drew 
lot No. 2 ; whose seat shall, accordingly, be vacated in the Senate, 
at the expiration of the fourth year ; and Mr. Foster drew lot No. 
1; whose seat shall, accordingly, be vacated in the Senate, at the 
expiration of the second year." 



Island se 
nators. 



2d congress. On the 7th of November, 1791, the classification of the senators 1791. 



1st Session. 



from Vermont took place, in conformity to the above resolution. 
Vermont "No. 3 and a blank were, by the secretary, put into the box; s. Journal, 
senators. w i ien jyr r# Robinson drew the blank, and Mr. Bradley drew No. 3. P- 337 " 
Mr. Bradley is, accordingly, of the class whose seats will be vacated 
in the Senate, at the expiration of four years from March, 1791. 
The Nos. 1 and 2 were then put into the box, when Mr. Robin- 
son drew No. 1 ; who is, accordingly, of the class whose seats will 
be vacated in the Senate, at the expiration of six years from 
March, 1791." 



2J congress. On the 9th of November, 1792, being the second session of the 1792. 

? — eS8l0n - sccon d Congress, " the Senate proceeded to class the senators from 
Kentucky the state of Kentucky, as the Constitution requires; when numbers s. Journal, 

senators. ^ w0 an j n lree) being, by the secretary, rolled up and put into the P- 457 - 
ballot box, Mr. Brown drew number two, and is, accordingly, of 
the class whose seats will be vacated in the Senate at the expi- 



HISTORY OF CONGRESS. 



Chap. H. 



The Constitution— Laws to carry into Effect, &c. 



2d congress, ration of two years from March, 1791. Mr. Edwards drew num- 

■— ber three ; and is, accordingly, of the class whose seats in Senate 

will be vacated at the expiration of four years from March, 1791." 



CLASSES 01 


SENATORS DURING THE 


CLASSES OF SENATORS ON THE FOURTH 


FIRST CONOBESS. 


DAT OF MARCH, 1793. 












Senators who 








Senators 


Senators 


have appeared 
and produced 
credentials of 


Two years' 


Four years' 


Six years' 


whose term of 


whose term of 


class. 


class. 


class. 


office is limited 


office is limited 








to two years. 


to four years. 


appointment, 
commencing 
this day. 


Carroll, 


Bassett, 


Gunn, 


Bradley, 


Burr, 


Brown, 


Dalton, 


Butler, 


Hawkins, 


Edwards, 


Cabot, 


Livermore, 


Ellsworth, 


Dickinson, 


Henry, 


Gunn, 


Ellsworth, 


and 


Elmer, 


Few, 


Johnson, 


Hawkins, 


Foster, 


Taylor. 


Foster, 


Johnston, 


Izard, 


Henry, 


Monroe, 




Maclay, 


Lee, 


King', 


Izard, 


Potts, 




Monroe, 


Stanton, 


Langdon, 


King, 


Read, 




Read, 


Strong, 


and 


Langdon, 


Robinson, 




and 


and 


Morris. 


Morris, 


and 




Schuyler. 


Wing-ate. 




and 
Sherman. 


Rutherford. 





221 
1792. 



1st Congress. 
2d Session. 



The House of Representatives, on the 30th of April, 1790, 
adopted a resolution appointing Messrs. Benson, Clymer, Hun- 



1790. 



Com- 
mence- 
ment of 
terms of 
service. 



tington, Moore, and Carroll, to be a committee of the House, to H. Journal, 
join such committee as should be appointed by the Senate, " to P" * 
consider and report their opinion on the question, when, according 
to the Constitution, the terms for which the President, Vice-Pre- 
sident, Senators, and Representatives have been respectively 
chosen, shall be deemed to have commenced ; and also, to consider 
of, and report their opinion on, such other matters as they shall 
conceive have relation to this question." And, on the 3d of May, s. Journal, 
the Senate concurred in this resolution, and appointed Messrs. Ells- 136, 
worth, King, and Morris, to be a committee on the part of the H. Journal, 
Senate. On the 12th, this committee reported to the House; on P* 215m 
the 13th, the report was made to the Senate; and, on the 14th, the s. Journal, 
Senate proceeded to consider the report, which is as follows : — P* 140 » 141 - 

Report " The committee of Senate, to join with a committee appointed 
by the House of Representatives, to consider and report their 
opinion on the question, when, according to the Constitution, the 
terms for which the President, Vice-President, Senators, and Re- 
presentatives, have been respectively chosen, shall be deemed to 
have commenced; and also, to consider of, and report their opi- 
nion on, such other matters as they should conceive to have rela- 



Joint com 
mittee. 



222 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Laws to carry into Effect, &c. 1790. 



1st congress, tion to this question, report, as the opinion of the said ioint com- 

2d Session. 1 x jt j 

— — : mittee — 

Report of 
jomt com- « That tne terms for which the President, Vice-President, Se- 

ITllttCC* 

nators, and Representatives of the United States, were respect- 
ively chosen, did, according to the Constitution, commence on 
the 4th day of March, 1789; and so the senators of the first class, 
and the representatives, will not, according to the Constitution, 
be entitled, by virtue of the same election by which they hold 
seats in the present Congress, to seats in the next Congress, which 
will be assembled after the 3d day of March, 1791 ; and further, 
that whenever a vacancy shall happen in the Senate or House 
of Representatives, and an election to fill such vacancy, the per- 
son elected will not, according to the Constitution, be entitled, by 
virtue of such election, to hold a seat beyond the time for which 
the senator or representative, in whose stead such person shall 
have been elected, would, if the vacancy had not happened, have 
been entitled to hold a seat. 

" That it will be advisable for the Congress to pass a law, or 
laws, for determining, agreeably to the provision in the first sec- 
tion of the second article of the Constitution, the time when the 
electors shall, in the year which will terminate on the 3d day of 
March, 1793, and so in every fourth year thereafter, be chosen, 
and the day on which they shall give their votes, for declaring 
what officer shall, in case of vacancy, both in the office of Pre- 
sident and Vice-President, act as President; for assigning a pub- 
" lie office where the lists, mentioned in the second paragraph of 
the first section of the second article of the Constitution, shall, 
in case of vacancy in the office of president of the Senate, or 
his absence from the seat of government, be, in the mean time, 
deposited; and for directing the mode in which such lists shall be 
transmitted." 

Report The Senate agreed to this report; which, on the 17th, was h. Journal, 
committed committed by the House of Representatives to a committee of P* 21 ^* 

the whole house for to-morrow. On the 18th, the report was 
Agreed to. agreed to, and Messrs. Benson, Clymer, Huntington, Moore, and 

Carroll, were appointed a committee to prepare and bring in a 

bill, pursuant to the last paragraph of the said report. On the id. p. 218, 
Transmit- 9th of August, the house ordered that the speaker do transmit 
executive. 6 to tne execu< -i ve authority of each state, an authentic copy of 

this resolution. The committee appointed by the house appear u. p . 296. 

to have made no report on the subject referred to them. 



HISTORY OF CONGRESS. 223 



CHAP. II. The Constitution— Laws to carry into Effect, &c. 1790. 



ist congress. At the commencement of the third session of the first Con- 

3<1 Session. 

gress, on the 10th of December, the House adopted the following 

order : — 

House ap- " Ordered — That a committee be appointed to prepare and H. Journal, 
pomts new Drm g j n a y^\ f or D iU Sj f or determining, agreeably to the provi- p ' 334, 
sion in the first section of the second article of the Constitution, 
the time when the electors shall, in the year which will termi- 
nate on the third of March, 1793, and so, in every fourth year 
thereafter, be chosen, and the day on which they shall give their 
votes for declaring what officer shall, in case of vacancy both in 
the office of President and Vice-President, act as President ; for 
assigning a public office, where the lists mentioned in the second 
paragraph of the first section of the second article of the Con- 
stitution, shall, in case of vacancy in the office of the president 
of the Senate, or his absence from the seat of government, be, 
in the mean time, deposited ; and for directing the mode in which 
such lists shall be transmitted; and that Mr. Benson, Mr. Hun- 
tington, Mr. Heister, Mr. Moore, and Mr. Partridge, be of the 
said committee." 

On the 20th of December, Mr. Benson, from this committee, 
presented the three following bills, which were severally read 
the first time. 

Bills re- " A bill declaring the officer, who, in case of vacancies, both 
ported. j n ^ e fg ces f President and Vice-President of the United 
States, shall act as President : 

" A bill declaring the respective times when the electors to 
vote for a President of the United States, shall be appointed or 
chosen, and shall give their votes ; — also, 

" A bill directing the mode in which the lists of the votes for 
a President shall be transmitted to the seat of the government 
of the United States." 

Read All these bills received their second reading on the following id. p. 339 ? 

cornmitted. ^Y> anc * were comrmtted to a committee of the whole house for 340 * 

the following Monday. The bills were taken up in committee id. p. 351 • 
of the whole, on the 10th of January, and occupied the commit- ~ 355 « 
tee on the 13th and 14th; when the committee reported several 
amendments to the bill declaring the respective times, when the 
electors to vote for a President of the United States shall be ap- 
pointed or chosen, and shall give their votes. The amendments 
were agreed to. This bill and amendments were not further 
acted upon. 



224 HISTORY OF CONGRESS. 



CftAP. U. Ik Owiifliirti T iiws to cany into Effect. && 1791. 



Kaon - 



M O»gTC & Soo.\ after the assembling of the second Congress, this subject 
was taken up by the Senate. On the 1st of November, 1791, 
it was — 

■ Ordered — That Messrs. Rutherford. Sherman,, and Burr, be s. Journal, 
a committee to report a bill determining the time of choosing P- S3S - 
the electors of President and Vice-President, and the day on 
which t I give their votes, and prescribing the mode of 

transmitting the votes to the seat of government" 

Reported In obedience to this order, a bill was reported, and received id. p. 340, 
its first reading cm the 15th of November. The question of the S41 - 
second reading of the bill occupied the Senate on the 17th and 
Beoamit- ISrb. and :i:r.irv axenzments were made. Ii was then recom- n, -.. 343. 
mitted, and Messrs. King and Butler were added to the commit- 
tee. On the 22d, the bill was again reported with amendments, 
and on the 23d, was again recommitted, with instructions to report 
a clause, making provision for the administration of government, 
in case of vacancies, in the offices of President and Vice-Presi- 
dent. The bill was again reported on the 28th, with amend- i^ p> 343. 
ments, and ordered to be printed. These amendments were 
Pswedby agreed to on the 29th, and the bill was ordered to its third read- ia. p . 545. 
tbe Senate, j^ ^ft ^as passed on the following day. ^ p 347- 

Bead twice In the House of Representatives, the bill was read a first time h. Journal, 

on the 1st of December, and received its second reading, and p.466,467. 

480. 484, 
was committed on the following day. On the 22d, the bill was 435] 

considered in committee; and, on the 2d of January, it was 

again taken up for consideration, and, after some time spent in 

committee, two amendments were reported, one of which was 

it- agreed to, and the other rejected, by the house. It was then 



moved to amend the bill, by striking out, in the ninth section, 
the words, « the president of the Senate, pro tempore; and, in 
case there shall be no president of the Senate, then the speaker 
of the House of Representatives for the time being." A deci- 
sion of the question being demanded, the question was first 
taken, on striking out the words, u the president of the Senate 
pro tempore?' and this question was decided in the negative. 
by the following vote: — 
^■p*y. Jiyes — Messrs. Ashe. Baldwin, E: 5ndley, Filisimou s, 

Giles, Griffin, Jacobs, Lee, Macon, Madison, Muhlenberg, Page, 
Parker, 9a apter, Thatcher, Venable, 

Wayne, White. Williamson, Willis. — 24. 

a — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne. 
B. Bourne. Clarke. Gerry, Gilman, Goodhue, Gordon, Grove. 



HISTORY OF CONGRESS. 225 



Chap. II. The Constitution— Laws to carry into Effect, &c. 1791. 



lsVseK 8 ' Heister, Key, Leonard, Livermore, Murray, Niles, Schoonma- 
ker, Jere. Smith, I. Smith, W. Smith, Silvester, Tredwell, 
Tucker, Wadsworth, Ward. — 27. 

The question was then put, on striking out the words, " and 
in case there shall be no president of the Senate, then the speak- 
er of the House of Representatives for the time being;" and 
this motion was decided in the affirmative, by the following 
vote: — 

Ayes — Messrs. Ashe, Baldwin, Brown, Findley, Fitzsimons, 
Gerry, Giles, Griffin, Jacobs, Lee, Macon, Madison, Muhlen- 
berg, Page, Parker, Seney, Sterrett, Sturges, Sumpter, Thatcher, 
Tredwell, Venable, Wayne, White, Williamson, Willis. — 26. 

Noes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne-, 
B. Bourne, Clarke, Goodhue, Gordon, Grove, Heister, Key, 
Kitchell, Leonard, Livermore, Murray, Niles, Schoonmaker, 
Jere. Smith, I. Smith, W. Smith, Silvester, Tucker, Wadsworth, 
Ward.-— 25. 

Recommit- The bill was then further amended, and laid on the table. 1792. 
On the 6th of January, the bill and amendments were recom- h. Journal, 
mitted to a committee of the whole house, on Tuesday next. P* 486 * 
The bill was not again taken up for consideration until the 9th id. p. 489. 
of February, 1792; and, on the 10th, several amendments were 
reported to the house, as follows: — - 

Amend- " Strike out the ninth section, in the words following: — Id. p . 505, 

ported. " " And be it further enacted — That, in case of removal, death, 506 * 
resignation, or inability, both of the President and Vice-Presi- 
dent of the United States, the president of the Senate pro tem- 
pore; and in case there shall be no president of the Senate, then 
the speaker of the House of Representatives for the time being, 
shall act as President of the United States, until the disability 
be removed, or a President shall be elected." 

"In lieu of the said ninth section, insert, 
" And be it further e?iacted—^ThdLt, in case of removal, death, 
resignation, or inability, both of the President and Vice-Presi- 
dent of the United States, the secretary of state, for the time be- 
ing, shall act as President of the United States, until the disa- 
bility be removed, or a President shall be elected." 

Amended. The question was then put, on the motion to strike out the 
ninth section, as it now stands, and was decided in the affirma- 
tive, by the following vote: — 
Vol. I.— 29 



226 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Laws to carry into Effect, fcc 1792. 



j^sSK*' *ty*s— Messrs. Ashe, Baldwin, Brown, Fitzsimons, Giles, 
Gilman, Gregg, Grove, Jacobs, Key. Macon. Madison, Mercer, 
Moore, Muhlenberg. Murray. Page. Parker, Seney, Jere. Smith, 
Steele, Sterrett, Slurges, Sumpter, Thatcher, Tredwell, Venable, 
Vining, Wayne, White, Williamson, Willis. — 32. 

I — Messrs. Ames, Barnwell, Benson, Boudinor. S. Bourne, 
B. Bourne, Clarke, Gerry. Goodhue, Heister, Hillhouse, Huger, 
Kitchell, Kittera, Leonard, Livermore, Niles, Schoonmaker, 
Smith, Silvester, Tucker, Wadsworth. — 22. 

The question was then taken on agreeing to the substitute H.JoanMd, 
proposed for the Dinth section, and decided in the affirmative. p ' 507, 

Recommit- On the 13th, the bill and amendments were recommitted to a Id p. 508. 

ted « committee of the whole house, and on the following day they 

were again considered in committee, and the committee again 

Reported reported the bill with an amendment in the words following: — 

mendment " ^0 ^ e en< * °^ l ^ e ^ rst ^C^ 00 ? add — 

•• ' Which electors shall be equal to the number of senators and 
representatives to which the several states may, by law. be en- 
titled, at the time when the President and Vice-President, thus 
to be chosen, should come into office: Provided always — That 
where no apportionment of representatives shall have been made 
after any enumeration, at the time of choosing electors, then the 
number of electors shall be according to the existing apportion- 
ment of senators and representatives. 7 n 

A decision of the question on this amendment being required; 
namely, " That the house do agree to the first part of the said 
amendment, in the words following: — •' To the end of the first 
section,' add — 

u < Which electors shall be equal to the number of senators and 
representatives to which the several states may by law be en- 
titled, at the time when the President and Vice-President, thus 
to be chosen, should come into office/ n 

This part of the motion was decided in the affirmative, by the 
following vote: — 

Jiyts — Messrs. Ashe, Baldwin, Brown, Find ley, Gerry, Gil- 
man, Gregg, Griffin, Grove, Heister, Jacobs, Lee, Macon, Mer- 
cer, Moore, Murray, Page, Parker, Schoonmaker, Jere. Smith, 
I. Smith, Sterrett. Tredwell, Tucker, Venable, Wayne, White, 
Williamson, Willis. — 29. 

Noes — Messrs. Boudinot, S. Bourne, B. Bourne, Clarke, 
Fitzsimons, Goodhue, Gordon, Hartley. Hillhouse, Huger, 
Kitchell, Kittera, Lawrance, Leonard, Livermore, Niles, W. 
Smith, Sturges, Silvester, Vining, Wadsworth. — 21. 



HISTORY OF CONGRESS. 227 

CHAP. II. The Constitution— Laws to carry into Effect, &c. 1792. 

2d congress. The remaining part of the amendment was then agreed to, H, ^°J. irnal » 

- — - and the bill and amendments were ordered to a third reading; 

ment a- aria! on the 15th of February, the bill was read a third time and 
greed to. passe d. 

Bill DllSSCu* 

„ .j. The amendments were taken up and considered in the Senate, s. Journal, 
Senate dis- r » _ 392 393 

agrees to on the 16th, 17th, and 20th, when they were all agreed to ex- p ' •• 
oneamend- ce ^ ^ Q QnQ w hi c h ^ a d stricken out the ninth section, and in- 
serted a substitute, and to this the Senate disagreed. 
House re- On the 21st, a motion was made in the House of Representa- H. Journal, 
cedes. tives to recede from the amendment to which the Senate had dis- ' 

agreed, which was decided in the affirmative by the following 
vote: — 

Jlyes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Clarke, Dayton, Findley, Fitzsimons, Gerry, Good- 
hue, Hartley, Hillhouse, Huger, Jacobs, Key, Kitchell, Kittera, 
Lawrance, Leonard, Livermore, Murray, Niles, Schoonmaker, 
Sedgwick, I. Smith, W. Smith, Silvester, Tucker, Wads- 
worth. — 31. 

Noes — Messrs. Baldwin, Brown, Gilman, Griffin, Grove, 
Macon, Madison, Moore, Muhlenberg, Page, Parker, Seney, 
Jere. Smith, Sterrett, Sturges, Sumpter, Thatcher, Tredwell, 
Venable, Vining, Wayne, White, Williamson, Willis. — 24. 



ist congress. The style or title by which the President of the United States 1789. 

" should be addressed, constituted a subject of considerable diffi- 

Styleand culty to the first Congress. On the 23d of April, 1789, the Se- S. Journal, 
^2 eo /^ e " nate adopted a resolution, the first part of which is in these p * ' 
words: — 

" Resolved— That a committee, consisting of three members, 
be appointed to consider and report, what style or titles it will 
be proper to annex to the offices of President and Vice-Presi 
dent of the United States; if any other than those given in the 
Constitution." 

Messrs. Lee, Izard, and Dalton, were appointed of this corn- 
Commit- mittee. The House of Representatives, acquiescing in the ob- H. Journal, 
tees. j ec f. f this resolution, on the 24th appointed Messrs. Benson, p ' 

Ames, Madison, Carroll, and Sherman, to be a committee on their 
part. 

In the Senate, on the 24th, a motion was made to reconsider 
the commission of this committee ; which was agreed to, and a 



228 HISTORY OF CONGRESS. 



Chxp. II. The Constitution— Laws to cany into Effect, Slc. 1789. 



lBtcongTess. motion to strike out the words, " what titles it will be proper to 

1st Session. ^ ^ r r 

~ annex to the offices of President and of Vice-President of the 
United States, if any other than those given in the Constitution," 
was negatived. A motion, " that the words ' style or,' before the 
word ■ title,' be added," passed in the affirmative.* 
Report in On the 5th of May, the committee of the House of Representa- H. Journal, 

J^fjj to a * tives reported, " That it is not proper to annex any style or title p ' 
to the respective styles or titles of office expressed in the Consti- 
tution ;" and this report was agreed to by the House. The corn- 
Senate re- mittee of the Senate made a report on the 7th, which was consi- s. Journal, 

greed to^" dered on * ne following day, and disagreed to. The question was p * 
then taken, " Whether the President of the United States shall 
be addressed by the title of " His Excellency" and decided in the 

New com- negative. Messrs. Lee, Ellsworth, and Johnson, were then ap- id. p . 24. 

mstructbn P°i Dteo1 a committee H to consider and report under what title it 
will be proper for the Senate to address the President of the 
United States." This committee reported on the 9th, and the 
report was ordered to lie for consideration. The Senate then 
adopted the following order : — 

" Ordered — That Mr. Lee, Mr. Ellsworth, and Mr. Johnson, be 
a committee, to confer with any committee to be appointed by the 
House of Representatives, on the difference of opinion now sub- 
sisting between the two houses, respecting the title of the Presi* 
dent of the United States :" 

And, on motion for reconsideration, the instruction to the com- 
mittee was agreed to, as follows : — 

" That they consider and report under what title it will be 
proper for the President of the United States, in future, to be ad- 
dressed, and confer thereon w T ith such committee as the House of 
Representatives may appoint for that purpose." 

The committee appointed on the ,8th, was subsequently ordered ibid. 
to confer with the committee of the house, in obedience to the 
last order; and the report which that committee made, on the 
9th, was postponed. 
Motion in When the order of the Senate had been communicated to the h. Journal, 
the bouse. House of Representatives, a motion was made, on the 11th of P- 32< 
May, that the House agree to the following resolution : — 

* The words of the resolution are given verbatim from the Journals of both 
houses, so that it will be seen that the phraseology " style or titles," occurs in 
the original proposition. The motion, on the 24th, seems to have been an er- 
ror. The looseness with which the Journals were kept, is apparent. 



HISTORY OF CONGRESS. 229 



CHAP. II. The Constitution— Laws to carry into Effect, &c. 1789. 



1st congress. " Resolved — That this House having, on Tuesday last, adopted 

1st Session " 

■ — ~ the report of their committee appointed to confer with the com- 
mittee of the Senate, stating " that it is not proper to annex any 
style or title to the respective styles or titles of office expressed 
in the Constitution," and having in their address to the President 
of the United States, on Friday last, proceeded to act pursuant 
thereto, deem it improper to accede to the proposition made by 
the Senate, as communicated by their order of the ninth instant, 
for appointing a committee to confer with a committee of this 
House in considering and reporting under what title it will be 
proper for the President of the United States, in future, to be 
addressed." 



Motion 



The previous question having been demanded, the house de- 
termined that the main question should not be now put. So the 
lost. motion was lost. 

The House then acquiesced in the order of the Senate, and 
House appointed Messrs. Madison, Trumbull, Page, Benson, and Sher- 
committee. ma n, to be a committee on their part. 

Disagree. On the 14th, the committee on the part of the Senate, reported s. Journal, 
" that they had conferred with a committee of the House of Re- P* 25, 
presentatives, but could not agree upon a report." The commit- 
tee appointed on the 9th, " to consider and report under what ti- 
tle it will be proper for the Senate to address the President of the 
United States, reported that, in the opinion of the committee, it 
will be proper thus to address the President: His Highness, the Pre- 
sident of the United Slates of America, and Protector of their Liberties." 

This report was postponed, and the following resolution was 
agreed to:-^- 

Report of " From a decent respect for the opinion and practice of civil- 
Senate j ze( j na ti ons whether under monarchical or republican forms 
committee. r 

of government, whose custom is to annex titles of respectabili- 
ty to the office of their chief magistrate ; and that, on intercourse 
with foreign nations, a due respect for the majesty of the peo- 
ple of the United States, may not be hazarded by an appear- 
ance of singularity, the Senate have been induced to be of opi- 
nion, that it would be proper to annex a respectable title to the 
office of President of the United States ; but the Senate, desirous 
of preserving harmony with the House of Representatives, where 
the practice lately observed in presenting an address to the Pre- 
sident, was without the addition of titles, think it proper, for the 
present, to act in conformity with the practice of that house : — 
Resolution " Therefore, Resolved — That the present address be, * To the 
of Senate. p res \dent of the United States; without addition of title." 



amtwomx ov oamammm 



CaxP. II. :-.-..::.— L.i~ - _ ■ 17^3. 



ktoapcn. A motion was made to strike out the preamble, as for as the 
words " But the Senate," which was decided in the negative, 
and, on motion for the main question, it passed in the affirmative. 



The first section of the second article of the Constitution pre- H. Jomal, 
[^ scribes that the President shall, at stated times, receive for hk P- 26 - 
services a compensation, dec. 

For the purpose of carrying this provision into effect, a motion 
was made in the House of Representatives, on the 1st of Mar, 
ITS.:-. ::.:.: :':.z i.:u = = :: : ::: - '. : :.- :. . " .: _ : :-:.^:.:z: — 

" R-: ::]-.-::. — T::?.: .--- z~.~::. ; z-= \z± ::r.:^i.^:::: to h 

allowed to the President of the United States, during the time 
for which he is elected." 

This resolution was committed to a committee of the whole 
house on the state of the Union; and on the 25th of May, this Id. p. 40. 
committee was discharged from further proceeding on the motion, 
and a committee was appointed, under other provisions of the 
C:r.s:. ::::::_. :: '.-.'.-:- ::.:: ::r.5::er=.:::i ::.e 5'j:;'e:: ::" ci.T.pezss- 
tions to be made for the services of the President, Vice-President, 
the members of the Senate, and House of Representatives. This 
committee consisted of Messrs. Baldwin, Yining, Iivermore, Ma- Id. p. 41. 
fhson, Benson, Burke, Fitzsimons, Boudinot, Wadsworth, Gerry, 
Cadwalader, and Smith, of Maryland. From this committee, a id. p. 43. 
report was made on the 1st of June, and on the 13th of Jury, it id. p. GO. 
was taken up for consideration. On the 16th, the report, amend- Id. "p. 61. 
ed so as to read in the following manner, was agreed to : — 

hat there be allowed to the President of the United States, 
jnpensatioD for his services, the sum of twenty-five thousand 
dollars per annum, to be paid in equal quarterly payments at the 
treasury. 
Vice-Pro- tt That there be paid, in like quarterly payments, to the Fice- 
' President of the United States, five thousand dollars per annum. 

Semiors J That the daily pay of the members of the Senate and 
mw\*invT ™* se °* Representatives, for their attendance at the time ap- 
pointed for the meeting of their respective houses, and for the 
time they shall be going to. and returning therefrom, allowing 
the travel of twenty miles for each day, be six dollars, and of 
the speaker of the House of Representatives, twelve dollars.'* 

Committee Messrs. Burke, Stone, and Moore, were appointed a committee id. p. 64. 
jLJj** 1 "* to prepare and bring in a bill, or bills, pursuant to these resolu- 
tions. ■ with instruction to insert a clause, or 



HISTORY OF CONGRESS. 23 \ 



CHAP. II. The Constitution— Laws to carry into Effect, &c. 1789. 



ut congress, provision for a reasonable compensation to the secretary of the 

1st Spssion. * 

— - Senate, and clerk of the House of Representatives, respectively, 

for their services." 
Bill con- On the 22d of July, Mr. Burke, from this committee, presented H. Journal, 
cerning a D in f or allowing a compensation to the President and Vice-Pre- p ' 64, 
and Vice- sident of the United States, which was read a first time. And 
President. the comm ittee was then further instructed to insert, in the bill 
making compensation to the members of the Senate and House 
of Representatives, a clause, or clauses, making compensation to 
the sergeant-at-arms, messengers, and door-keepers, of the two 
houses, for their service. 

The bill was read a second time on the 23d; and, on the 24th, 
it received its third reading, was recommitted to a committee of 
the w 7 hole house, reported with several amendments, and or- id.p.65,66. 
dered to lie on the table. On the 3d of August the amendments 
Bill passed were agreed to, and the bill was ordered to a third reading; and id. p. 70. 
the Senate. ^ was p asse d on the following day. 

Bill read The bill received its first and second reading, in the Senate, s. Journal, 
and com- on the 5th and 6th of August, and was referred to a committee, P* 52# 54, 
Senate. composed of Messrs. Morris, Read, Elmer, Schuyler, Langdon, 
Carroll, Ellsworth, Strong, Few, Izard, and Lee. The bill was 
reported on the 7th, with an amendment; to wit: — To expunge, 
in the provision for the Vice-President, " five thousand dollars," 
and insert "six thousand dollars." 
Motions to An unsuccessful motion was made to reduce the provision for 
amend. t he President of the United States, from twenty-five thousand 
to twenty thousand dollars; and also another, to increase the 
provision for the Vice-President, from five thousand to eight 
thousand dollars. After the failure of these motions, the further id.p.55,5& 
consideration of the bill was postponed. The bill was not again 
Amended taken up until the 7th of September, when, after being so amend- id. p. 72, 
andpassed. e d as to increase the compensation of the Vice-President to six 
House dis- thousand dollars, it was read a second time and passed. The 
agree. House, on the following day, disagreed to this amendment; and, H. Journal, 
Senate m- on ^ e same <jay, the Senate insisted on their amendment, re- p " 
Confer- quested a conference, and appointed Messrs. King, Izard, and J 76. * 
ence. Morris, to be managers on the part of the Senate. On the 9th, h. Journal, 

the House agreed to a conference, and appointed Messrs. Bald- P- 105 > 106 - 
win, Livermore, and Goodhue, to be managers on their part. 
Mr. Baldwin made a report to the House, from this committee, 
House ad- on tne ^th, when the House determined to adhere to their dis- id. p. 113. 
here. agreement to the amendment of the Senate. And, on the 21st, s. Journal, 

cede. " tne Senate receded from their amendment. pt M * 



232 HISTORY OF CONGRESS. 



Chip. II. The Constitution— La we to cany into Effect, Ac 



1st congress. On the 4th of August, the bill for allowing compensation to h. 

the members of the Senate and House of Representatives of the P- 71 * 

Bill for United States, and to the officers of both houses, was presented 
tionofsena- ^ TOm tne same committee which had reported the bill concerning 
tors and re- the President and Vice-President, and was read a first time. On 
tir2J D " the next day, it received its second reading, and was commit:: 

to a committee of the whole house for to-day. The bill was id. p. 72. 



t**ice. then taken up in committee, and some progress was made therein, 
ted. On the 6th, the committee reported several amendments, some 

Amended. f wn } c h were agreed to, and others rejected: and the bill was 

then ordered to a third reading. On the 7th, the bill was read the lip. " 
Recommit- third time, and recommitted to a committee of the whole house. 
ted - It was then considered in committee, reported with several 

Amended, amendments, which were agreed to; and the bill, with its amend- 
ments, was ordered to be again engrossed, and read the third 
time on the following Monday. On the day specified, the bill id.p " 
was read the third time; and the question on its passage was de- id. - 
Passed, cided in the affirmative, by the following vote; — r - 

•ffyes — Messrs. Baldwin, Benson, Brown, Burke, Carroll, 
C" vmer, Fitzsimons, Gale, Griffin, Hartley. Heister, Hunting:: I . 
Lawrance, Lee, Madison, jr., Mathews, Moore, Muhlenberg 
Page, Scott, Seney, Smith, of Maryland, Smith, of South Caro- 
lina, Stone, Sturges, Sumpter, Trumbull, Tucker, Vining, Wads- 
worth. — 30. 

Noes — Messrs. Ames, Boudinot, Cadwalader, Floyd, Gerry, 
Gilman, Goodhue, Grout, Hathorn, Leonard, Livermore, Par- 
tridge, Van Rensselaer, Sedgwick, Silvester, Thatcher. — 16. 

ReadinSe- The bill was then sent to the Senate, where it received its s. Journal, 
xaX& ' first and second readings on the 11th and 12th of August On P^ 8 * 5 ^ 

Commit- the 25th, the bill was committed to Messrs. King, Morris. Car- 

roll, Izard, and Lee. On the 27th, Mr. King reported amend- Id. p. 64. 

ments; and, on the 28th, the Senate proceeded to their conside- Id. p. 65. 

ration, as follows: — 

Strike out the enacting clause of the bill; tc 
Reported "Be it enacted, by the Senate and House of Representee id, p. 



k-Tjerjd- 



lives of the United States of America, in Congress assem- 
bled- — That, at every session of the Congress of the United 
States, or whenever the Senate shall assemble for the purpose of 
exercising any of the powers and duties in them vested by the 
Constitution, every member of each branch shall be entitled to 
receive at the rate of six dollars, and the speaker of the House 
of Representatives twelve dollars, for every day he shall attend; 



HISTORY OF CONGRESS. 233 



Chap. II. The Constitution— Laws to carry into Effect, &c. 1789. 



ist congress, and shall, also, be allowed, at the commencement of every ses- 

lst Session. 

sion, six dollars for every twenty-five miles of the estimated dis- 
Reported tance, by the most usual route by land, from his place of resi- 
j^nts." dence to the seat of Congress, and the same allowance at the end 
of every session. And in every case in which the Senate may 
be convened in the recess of Congress, each member thereof at- 
tending shall be entitled to the same allowance: — Provided, 
That no senator shall be entitled to more than one such allow- 
ance for any one session of the Senate; nor more than at the rate 
of six dollars per day from the end of any one session to the 
commencement of a succeeding session: and in case any member 
shall, on his journey to or from the session of that branch of 
which he is a member, be detained by sickness, or be unable to 
attend after his arrival, he shall be entitled to the like daily com- 
pensation." 

And substitute the following : — 

" Be it enacted, by the Senate and House of Representatives of the 
United States of America, in Congress assembled — That, at every 
session of Congress, and at every meeting of the Senate, in the re- 
cess of Congress, prior to the 4th day of March, in the year 1795, 
each senator shall be entitled to receive six dollars for every day 
he shall attend the Senate ; and shall, also, be allowed, at the 
commencement and end of every such session and meeting, six 
dollars for every twenty miles of the estimated distance, by the 
most usual road, from his place of residence to the seat of Con- 
gress ; and in case any member of the Senate shall be detained, 
by sickness, on his journey to or from any such session or meet- 
ing, or, after his arrival, shall be unable to attend the Senate, he 
shall be entitled to the same daily allowance : Provided, always — 
That no senator shall be allowed, for travelling expenses, a sum 
exceeding the rate of six dollars a day, from the end of one such 
session or meeting, to the commencement of another. 

" And be it further enacted — That, at every session of Congress, 
. and at every meeting of the Senate, in the recess of Congress, af- 
ter the aforesaid 4th day of March, in the year 1795, each sena- 
tor shall be entitled to receive eight dollars for every day he shall 
attend the Senate ; and shall, also, be allowed, at the commence- 
ment and end of every such session and meeting, eight dollars for 
every twenty miles of the estimated distance, by the most usual 
road, from his place of residence to the seat of Congress ; and in 
case any member of the Senate shall be detained by sickness, on 
his journey to or from any such session or meeting, or, after his 
Vol I.— 30 



234 HISTORY OF CONGRESS. 



Chap. It. Tbe Ou— tiiatirwi L /urs to carry into Effect. &c 1789. 



utotMgxess. arrival, shall be unable to attend tbe Senate, be shall be entitled 

•" to the same allowance of eight dollars a day : Provided, alztays — 

Reported That no senator shall be allowed, for travelling expenses, a sum 
exceeding the rate of eight dollars a day. from the end of one 
such session or meeting, to the commencement of another. 

"And be it further enacted — That, at every session of Congress, 
ch representative shall be entitled to receive six dollars for 
every day he shall attend the House of Representatives, and 
shall, also, be allowed, at the commencement and end of every 
session, six dollaia for every twenty miles of the estimated dis- 
tance, by the most usual road, from his place of residence to the 
seat of Congress ; and in case any representative shall be detained 
by sickness, on his journey to or from the session of Congress, or. 
after his arrival, shall be unable to attend the House oi Repre- 
sentatives, he shall be entitled to the daily allowance aforesaid: 
and the speaker of the House of Representatives, to defray the 
incidental expenses of his office, shall be entitled to receive, in 
addition to his compensation as a representative, six dollars for 
every day he shall attend the house." 

The consideration of the report was then postponed for the 
purpose of taking up the following resolution : — 
Dbcrimi- "Resolved — That there ought to be a discrimination between 
tlnm s-- l ^ e CC7^ 't~ ^ ' s? •- : ^- :: ' ' :e "Bowed to the ser.ertrs and to the mem 
r.atc^ a-.d bers of the House of Representatives." 
representa- 
tives. And the resolution was then passed in the affirmative by the 

following vote : — 

Yzzs — Messrs. Bassett. Butler. Dalton, Ellsworth, Few. Gunn. 
Henry, Johnson. Izard, King. Lee, Morris, Read. — 13. 

Nays — Messrs. Carroll, Elmer, Maclay, Pateraon, Schuyler. 

Wingate. — 6. 

The consideration of the report was then resumed ; and a 
motion was mac i :\\: •■ six dollars," as the proposed al- 

lowance for representatives, and insert "five dollars/' This mo- 
tion was decided in the negative by the following vote : — 

lessrs. Eilswortb, Elmer, Johnson, Maclay, Schuyler, 
Wingate. — 6. 

-Messrs. Basset:. Butler. Carroll, Dalton, Few. Gunn, 
Henry, Izard. K Paterson. Read. — 13. 

The clause providing for the compensation of representatives, 
as reported by the committee, was then agreed to. 

It was then moved to allow twenty miles for a day's travel, 
in tbe clause providing for the compensation to the senators, 



HISTORY OF CONGRESS. 235 



CH4.F. II. The Constitution— Laws to carry into Effect, &c. 1789. 



istcongresg. "prior to the 4th day of March, 1795;" and this motion was 

1st Session. * * . ' 

agreed to. 
Motions to A motion was then made to strike out of the report the words 
" prior to the 4th day of March, in the year 1795," in the same 
clause of the report ; but this motion was not sustained. 

It was then moved to amend the clause making provision for S. Journal, 
the senators, by striking out six dollars, and inserting five dollars ; "' 
and this question was decided in the negative by the following 
vote : — 

Yeas — Messrs. Elmer, Maclay, Schuyler, Wingate.« — 4. 

Nays — Messrs. Bassett, Butler, Carroll, Dalton, Ellsworth, Few, 
Gunn, Henry, Johnson, Izard, King, Lee, Morris, Read. — 14. 

A motion was then made to amend the second section of the 
report of the committee, in which provision is made for com- 
pensation to the senators, after the year 1795, by striking out 
the words " eight dollars," wherever they occur, and inserting 
" seven dollars." And this motion was determined in the affirm- 
ative. The report of the committee was then accepted in its 
amended form. 

The Senate then proceeded in the consideration of the bill. 
It was moved to amend the clause, " that there shall be allowed 
to each chaplain of Congress at the rate of five hundred dollars 
per annum, during the sessions of Congress, by striking out the 
words " at the rate of five," and inserting the word " four ;" and, 
also, by striking out the words " during the sessions of Congress." 
This motion was agreed to. 

The clause, to wit: " To the secretary of the Senate and 
clerk of the House of Representatives, at the rate of 1500 dol- 
lars per annum, each, to commence from their respective appoint- 
ments; and, also, a further allowance of two dollars per day to 
each, during the session of the branch for which he officiates," 
was so amended, as to make the allowance to the secretary of 
the Senate 1600, in lieu of 1500, dollars, consequently, ex- 
punging the word " each;" and, also, so as to leave out the words 
" and, also, a further allowance of two dollars per day to each 
during the session of the branch for which he officiates." 

In the following clauses : " To employ one principal clerk, 
who shall be paid at the rate of three dollars;" and also, " and an 
engrossing clerk, who shall be paid at the rate of two dollars per 
day ;" the words, " at the rate of" were, in both instances, strick- 
en out. 

The bill was then ordered to a third reading on Monday, 



236 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Laws to carry into Effect, &c. 1789. 



ist congress. On Monday the 31st of August, the Senate proceeded to the 

Sdreadtog. third readin § ° f the bilL 
Amend- It was then moved, that the clause in which six dollars a day 

ments. j g a ]i owe d to the speaker of the House of Representatives, " to 
defray the incidental expenses of his office," be so amended, as 
to read " three dollars," instead of " six dollars," but the motion 
was not sustained by the house. The proviso in the first clause 
was then so amended as to read thus : " Provided, always — That 
no senator shall be allowed a sum exceeding the rate of six dollars 
a day, from the end of one such session, or meeting, to the time 
of his taking his seat in another;" and the proviso at the end of 
the second enacting clause, was also modified so as to read, 
" Provided, always — That no senator shall be allowed a sum ex- 
ceeding the rale of seven dollars a day, from the end of one such 
session, or meeting, to the time of his taking his seat in another." 
The following proviso was also added to the third enacting 
clause in this report : " Provided, always — That no representative 
shall be allowed a sum exceeding the rate of six dollars a day, 
from the end of one such session, or meeting, to the time of his 
taking his seat in another," 

A motion was then made, to reconsider the additional compen- s. Journal, 
sation agreed to for the secretary of the Senate, and to concur P* 67, 68, 
with the House of Representatives in the compensation proposed 
in the bill, as it came from that house, for the secretary of the 
Senate, and for the clerk of the House of Representatives, ex- 
cepting the words " at the rate of;" and this motion was agreed 
to. An unsuccessful motion was then made to reconsider the 
amendment made by the Senate, in the compensation to chap- 
lains, and to concur in the proposition of the House of Repre- 
sentatives. 

Motions were then made to reduce the compensation for the ser- 
geant-at-arms, from four to three dollars per day, and for the door- 
keepers of the two houses,from three dollars to two dollars per day; 
but; they were negatived; as also was a subsequent motion to strike 
out the clauses that relate to door-keepers and assistant door-keep- 
Bill passed, ers. The bill was then concurred in, with the amendments. 
House dis- On the 2d of September, the House of Representatives consi- H. Journal, 
agree to d erea * the amendments of the Senate, and disagreed to the first, p " 
amend- second, and third amendments, and agreed to all the others. On 
ments. ^ e 3^ some further amendments to the bill were reported to 

the Senate, from the committee originally appointed to examine s. Journal, 
the bill, the consideration of which was postponed; and on the p ' 



HISTORY OF CONGRESS. 237 



Chap. II. The Constitution— Laws to carry into Effect, &c. 1789. 



ist congress. 7th, the Senate proceeded to consider the resolution of the House 

1st Session. ' . ,. . , 

of Representatives, disagreeing to the first, second, and third 
Senate ad- amendments of the Senate. It was then moved that the Senate 
amend" ^ ^° acmere to their first amendment, and this question was deter- 
ment, mined in the affirmative, by the following vote : — 

Yeas — Messrs. Bassett, Butler, Dalton, Ellsworth, Gunn, Hen- 
ry, Johnson, Izard, King, Lee, Morris, Read. — 12. 

Nays — Messrs. Carroll, Elmer, Paterson, Schuyler, Wingate. 
—5. 
Recede The Senate then receded from their second and third amend- 

from 2d 

and 3d. ments. 

The House of Representatives, on the 8th, proceeded to recon- H. Journal, 

sider the first amendment, and adopted a resolution to desire a p ' 

Confer- conference with the Senate, on the subject matter of this amend- 
ence. 

ment; appointing Messrs. Sherman, Tucker, and Benson, to be 

the managers on the part of the house. The Senate, agreeing s. Journal, 

to the proposed conference, appointed Messrs. King, Izard, and p< ' ' 

Morris, to be the managers on their part. Mr. Sherman made a H. Journal, 

report to the house from this committee on the 10th, when a mo- p * ' 

tion was made to recede from their disagreement to the first 

amendment, and to agree to the same, with an amendment, by 

adding to the end of the bill the following clause : — 

" And be it further enacted — That this act shall continue in force 
until the 4th day of March, in the year 1796, and no longer." 

The question being taken on this proposition, it was determined 
in the negative, by the following vote: — 

Ayes — Messrs. Ames, Baldwin, Benson, Brown, Cadwalader, 
Clymer, Fitzsimons, Gale, Gerry, Griffin, Hartley, Huntington, 
Lawrance, Lee, Livermore, Madison, jr., Moore, Muhlenberg, 
Scott, Sherman, Smith, of South Carolina, Trumbull, Vining, 
Wynkoop. — 24. 

Noes — Messrs. Bland, Boudinot, Burke, Carroll, Coles, Contee, 
Floyd, Foster, Gilman, Goodhue, Grout, Hathorn, Heister, Jack- 
son, Mathews, Page, Parker, Partridge, Van Rensselaer, Schure- 
man, Seney, Silvester, Sinnickson, Smith, of Maryland, Stone, 
Sumpter, Thatcher, Tucker, White.— 29. 
House ad- The house then determined to adhere to their disagreement. Id. p. 108, 
On the following day, however, the house proceeded to reconsider 
the subject, so far as relates to the adherence of the House to 
their disagreement to the first amendment proposed by the Se- 
nate. Some debate ensued as to the regularity of the motion, 
and the question being put — " Is the said motion in order?" it was 



here 



238 HISTORY OF CONGRESS. 



Chip. II. The Constitution— Laws to carry into Effect, &c. 1789. 



1st congress, decided in the affirmative. The question was then put, "that 

1st ^ps^inn 

~ 7 the house do now proceed to reconsider the proceedings of yester- 

der pro- day ;" and was decided in the affirmative, by the following vote : — 
ceedings. j±y es — Messrs. Ames, Baldwin, Benson, Boudinot, Brown, Burke, 
Cadwalader, Carroll, Clymer, Fitzsimons, Gale, Gerry, Griffin, 
Hartley, Huntington, Lawrance, Lee, Livermore, Madison, jr., 
Moore, Muhlenberg, Page, Scott, Sherman, Smith, of South Ca- 
rolina, Trumbull, Vining, Wadsworth, Wynkoop. — 29. 

Noes — Messrs. Bland, Coles, Contee, Floyd, Foster, Gilman, 
Goodhue, Grout, Hathorn, Heister, Jackson, Mathews, Parker, 
Partridge, Van Rensselaer, Schureman, Seney, Silvester, Sinnick- 
son, Smith, of Maryland, Stone, Sumpter, Thatcher, Tucker, 
White.— 25. 

It was then moved that the House do recede from their disa- 
greement to the first amendment of the Senate, and do agree to 
the same with an amendment; adding to the end of the bill, the 
following clause : — 

* And be it further enacted — That this act shall continue in force 
until the 4th day of March, in the year 1796, and no longer." 

Recede. And the question on this motion was decided in the affirmative, H. Journal, 
by the following vote: — P* 109, 

Ayes — Messrs. Ames, Baldwin, Benson, Boudinot, Brown, Burke, 
Cadwalader, Carroll, Clymer, Fitzsimons, Gale, Gerry, Griffin, 
Hartley, Huntington, Lawrance, Lee, Livermore, Madison, jr., 
Moore, Muhlenberg, Scott, Sherman, Smith, of South Carolina, 
Trumbull, Vining, Wadsworth, Wynkoop. — 28. 

Noes — Messrs. Bland, Coles, Contee, Floyd, Foster, Gilman, 
Goodhue, Grout, Hathorn, Heister, Jackson, Mathews, Page, Par- 
ker, Partridge, Van Rensselaer, Schureman, Seney, Silvester, 
Sinnickson, Smith, of Maryland, Stone, Sumpter, Thatcher, 
Tucker, White.— 26. 

The Senate concurring in this amendment, the bill was passed. S. Journal, 
Committee On the 24th of September, the House of Representatives ap- p * 
to ascertain pointed a committee, consisting of Messrs. Fitzsimons, Smith, of p .'i20. 
tion due. Maryland, and Baldwin, to ascertain the amount of the compen- 
sation due to the members of this house, respectively, and of the 
several officers thereof, together with the contingent expenses of 
the session ; and, on the 26th, the Senate appointed Messrs. Win- s. Journal, 
gate, Dalton, and Henry, a committee to ascertain the attend- P* 90, 
ance and travelling expenses of the members of the Senate. 



HISTORY OF CONGRESS. 239 



CHAP. IT. The Constitution— Laws to carry into Effect, <fcc. 1793. 



2d congress. On the 5th of February, 1793, the House of Representatives h. Journal, 



2d Session 



appointed Messrs. Sedgwick, Dayton, and Barnwell, a committee 69 °* 



Bill for to prepare and bring in a bill, or bills, for allowing a compensation 
tionof Pre- *° * ne President and Vice-President of the United States, to com- 
sident and m ence from the 4th day of March next. The bill was presented 

Vice-Pre- 

sident. *° * nc h° use on the 6th, when it was read a first time. It then Id. p. 693. 

received its second reading, and was committed to a committee 

of the whole house. On the following day, the bill was considered Id. p. 694, 

fio*r 
in committee, and several amendments were reported, which * 

were agreed to. It was then moved further to amend the bill, by 

adding to the end thereof the following section, namely : — 

Motion to " And be it further enacted — That this act shall continue in force 

for and during the term of four years, from the 3d day of March 

next, and no longer." 

Negatived. This motion was decided in the negative, by the following vote : 
Ayes — Messrs. Ashe, Baldwin, Clarke, Findley, Giles, Gordon, 

Gregg, Griffin, Grove, Hartley, Heister, Jacobs, Kitchell, Lee, 

Macon, Madison, Mercer, Moore, Muhlenberg, Parker, Schoon- 

maker, Silvester, Steele, Sumpter, Tredwell, Venable, White. 

—27. 

Noes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. 

Bourne, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Greenough,. 

Hillhouse, Hindman, Huger, Key, Lawrance, A. Learned, G. 

Leonard, Livermore, Murray, Niles, Page, Sedgwick, Jere. Smith,. 

I. Smith, W. Smith, Sturges, Thatcher, Tucker, Wadswortb,, 

Ward, Williamson. — 33. 
The bill and amendments were then ordered to be engrossed 

for a third reading, and on the 8th, the bill was read a third 
Bill passed, time. In the Senate the bill went through its different stages, on g. journa?* 

the 8th, 9th, and 11th, without opposition. p. 482,482. 



ist congress. The 3d article of the Constitution, Section I., directs that 1700 

1st Session. ...... ,, . , T . , ~ . ,, ' , . ' 

" the judicial power of the United States shall be vested in one 



Judiciary. Supreme Court, and in such inferior courts as the Congress may 

from time to time ordain and establish." 
Committee To carry into effect this provision of the Constitution, on the s. Journal* 
to^prepare 7th of Apri]j 17g9? the Senate appQ i n ted Messrs. Ellsworth, P- 10 - 

Paterson, Maclay, Strong, Lee, Bassett, Few, and Wingate, to 

be a committee, " to bring in a bill for organizing the judiciary 

of the United States." On the 12th of June, Mr. Lee, on behalf id. p. 34. 

of this committee, reported a bill ■" to establish the Judicial 



240 HISTORY OF CONGRESS. 



CHAP. II. The Constitution— Laws to carry into Effect. &c. 178&. 



1st congress. Courts of the United States," which was read a first time; and 

1st Session . ' 

" Monday, the 22d, was assigned for its second reading. The 

Bill read consideration of the bill, on its second reading, occupied the Se- 

2dtime.' nate on the 22d > 23d > 24th > 25th > 26th > 29th > 30th of June > the s ' J ou ™^ 
1st, 2d, and 3d of July. On the 6th, the bill was ordered to its p ' 36, 37 * 

3dreading. third reading. The consideration of the bill, on its third read- id. p. 38„ 
ing, caused discussions which occupied the Senate on the 7th, 
8th, 9th, 10th, 11th, and 13th. 

Motions to On the 9th, an unsuccessful motion was made to amend the id. p. 40, 

amend. s i x th line of the 27th section, by inserting these words, " that 41 * 
grand jurors, in all cases whatever, and petit jurors, in all cases 
not punishable with death." And a similar result attended an- 
other motion to amend the eleventh line of the same section, by 
inserting these words: " that petit jurors, in all cases punishable 
with death, shall be returned from the body of the county in 
which the offence was committed." 

On the 10th, the following amendments were agreed to: — In id. p. 40. 
section 29th, line eleventh, after the word "for," to insert "the 
executor or administrator;" and to expunge the words, " the estate 
of the deceased in the hands of such," and insert " the," line 
twelfth, " or by." In section 30th, to add, " and may, at any time, 
permit either of the parties to amend any defect in the process or 
pleadings, upon such conditions as the said courts, respectively, 
shall, in their discretion, and by their rules, prescribe." In sec- 
tion 31st, line first, to expunge the words, "by the authority 
aforesaid." So in all cases where the words are redundant. In 
line second, next after " that," inclusive, expunge the words 
" every justice," &c, as far as to " was committed," in line ninth. 
In section 31st, line 10th, after " by," insert these words: "justice ■ 
or judge of the United States, or by." It was then agreed to 
reconsider the amendment, page 13th, line thirty-fifth, " or on 
any hearing of a cause in equity in a circuit court," and, in line 
thirty-ninth, to reconsider " or Supreme Court, as the case may 
be." So the words were stricken out. 

On the 11th, a motion was made to insert, between section Id. p. 40, 
17th and 18th, the following clause: "And be it further enact- * 
ed — That it shall be the duty of circuit courts, in causes in equi- 
ty, and of admiralty and maritime jurisdiction, to cause the facts 
on which they found their sentence or decree, fully to appear 
upon the record, either from the pleadings and decree itself, 
or a state of the case, agreed by the parties or their counsel, or, 
if they disagree, by a stating of the case by the court." It was 
then moved to postpone this motion, and to take up the follow- 



HISTORY OF CONGRESS. 241 

CHAP. II. The Constitution— Laws to carry into Effect, &c. I7o9. 



1st congress, ing: " And be it further enacted— That it shall be the duty of 
Ist Sessi °"' Circuit Courts, in the trial of causes in equity, and of admiralty 
Motions to jurisdiction, where facts are contested, to cause the evidence ex- 
amend, hibited at the hearing to be reduced to writing, if either of the 
parties require it, or a state of the facts to be made, if the parties 
agree thereto." This motion to postpone was decided in the 
negative. It was then moved to expunge the word " facts," and 
insert the word " evidence;" but the motion was not successful. 
The original motion was then agreed to. It was then agreed to 
expunge the 15th section: " And be it further enacted — That 
suits in equity," &c. ; and also, in section 20th, page 8th, line 
sixth, to expunge the word " containing," and insert these words: 
" whereto shall be annexed and returned therewith, at the day 
and place therein mentioned." It was then moved that, in the 
trial of causes in the Supreme Court upon a writ of error from 
a Circuit Court, the justices who sat on the trial of the cause be- 
low, shall not vote on the decision of the cause, except where 
the court shall be equally divided, but may assign the reasons 
of their former decision;" but this motion was negatived; as also 
was a motion to insert the following clause: " but no judge of 
the Supreme Court shall sit on any cause wherein he has given 
judgment in a Circuit Court." 

On the 13th, further amendments were agreed to; to wit: 
to strike out from the word " where," line 3d, section 22d, to 
the words " writ of error," in line 6th ; and what follows the 
word " supersedeas" in line 12th, to the word " execution," in- 
clusive ; and insert, instead thereof, " and whereupon such writ 
or error." To expunge " well as his costs," in the last line, and 
insert as follows : " also, single or double costs, in their discre- 
tion." To restore the 15th section, adding the words " plain, 
adequate, and," before "complete." Section 18th, last line, to 
expunge the word " shall," and insert as follows : " but in the 
discretion of the court may be adjudged to." Section 9th, last 
line, insert " issues in." It was then moved by Mr. Lee, second- 
ed by Mr. Grayson, to reconsider the 27th section, and insert, af- 
ter the word " services," in the 11th line, "Provided, ahvays — s. Journal, 
That in criminal cases, where the punishment is capital, the pe- P* 41 - 
tit jury shall come from the body of the county where the fact 
was committed ;" but this motion was decided in the negative. 
Recommit- The bill was then ordered to be recommitted, according to the 
grossed. 611 " J° urna l» Dut ** is presumed that this is an error, and it ought to id. p. 42. 
have read " engrossed," as the next proceeding on the bill is on 
the 17th, in these words : — 
Vol. I.— 31 



242 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Laws to carry into Effect, &c. 1789. 



iJcon|ress. The engrossed bill "to establish the Judicial Courts of the 

United States," was read; and, upon the question " Shall the bill 

pass?" the yeas and nays being required by one-fifth of the se- 

Bill passed, nators present, the determination was as follows: — 

Yeas — Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Few, 
Gunn, Henry, Johnson, Izard, Morris, Paterson, Read, Strong. 
—14. 

Nays — Messrs. Butler, Grayson, Langdon, Lee, Maclay, Win- 
gate. — 6. 

Bill read in In the House of Representatives, the bill received its first and H. Journal, 
second reading, on the 20th of July, and was committed to a p ' 
committee of the whole house on the following Monday. Owing, 
however, to the intervention of other business, the bill was post- 
poned, de die in diem, until Monday, the 24th of August, when 
it was taken up for consideration in committee of the whole. 
Some progress was made on that day in committee, but the sub- id. p. 90. 
ject was not resumed until the 29th. On that day, and on Mon- 
day, the 31st, further progress was made, but the bill was not id. p. 94. 
again taken up until the 8th of September. It was again con- id. p. 105. 
sidered on the 9th, 11th, 12th, and 14th, when the committee id. p. 110. 
rose and reported several amendments. On the 15th, the house id. p. ill. 
proceeded to consider these amendments. It was then moved 
to amend the third section of the bill, by striking out the word 
" Eastown" and inserting, in lieu thereof, the word " Chester- 
tozm." This motion, however, was determined in the negative 
by the following vote: — 

Ayes — Messrs. Benson, Floyd, Gerry, Goodhue, Hartley, Heis- 
ter, Lawrance, Livermore, Moore, Muhlenberg, Parker, Scott, 
Seney, Silvester, Smith, of Maryland, Smith, of South Carolina, 
Thatcher, Trumbull, Vining, Wynkoop. — 20. 

Noes — Messrs. Baldwin, Bland, Brown, Cadwalader, Carroll, 
Contee, Fitzsimons, Foster, Gale, Gilman, Griffin, Hathorn, Lee, 
Madison, jr., Mathews, Page, Van Rensselaer, Schureman, Sher- 
man, Sinnickson, Stone, Sumpter, White. — 23. 
Amended. On the 16th, the bill was further considered, and the amend- id. p. 112, 
ments of the committee of the whole amended and agreed to. 
The bill was then ordered to its third reading; and on the 17th 
Passed, the bill was read a third time, and passed. 

The Senate having received the bill and amendments from s. Journal, 
the House on the same day, committed them to Messrs. Ellsworth, P' 81 * 
Butler, and Paterson. On the 19th, Mr. Ellsworth made a re- 
port from this committee; whereupon, 

" Resolved— That the 9th, 16th, 41st, and 52d amendments be 



HISTORY OF CONGRESS. 243 



CHAP. IT. The Constitution— Laws to carry into Effect, &c. 1789. 



istconsresg. disagreed to; and that the rest be agreed to, with an amendment 

1st Session. ° ° . 

to the 48th amendment, so that the clause there proposed to be 

Senate a- inserted shall read as follows: ' That, in cases punishable with S. Journal, 

gree to <jeath, the trial shall be had in the county where the offence p * 
some a- 7 J 

mend- was committed ; or, where that cannot be done without great 
affree to^ inconvenience, twelve petit jurors, at least, shall be summoned 
others. from thence; and jurors, in all cases, to serve in the courts of 
the United States, shall be designated, by lot or otherwise, in 
each state respectively, according to the mode of forming juries 
therein, now practised; so far as the laws of the same shall ren- 
der such designation practicable by the courts or marshals of 
the United States, and the jurors.' " 

On the 21st, the House of Representatives proceeded to re- H. Journal, 
consider such of the amendments' as were disagreed to by the p ' J ' 
House re- Senate, and determined to recede from the whole of them, and 
to agree to the modification and amendment of their 48th amend- 
ment, as proposed by the Senate. 



ist congress. North Carolina having adopted the Constitution, on the 20th 1790. 

OA session 1 1 

— of May, 1790, a committee, consisting of Messrs. Williamson, 

Gerry, and Steele, was appointed by the House of Representa- 
Extension tives, to prepare and bring in a bill to extend the " act to esta- h. Journal, 

of judicia- bHsh the j udicial Courts of the United States " to the state of P- 219 - 

ry act to 

North Ca- North Carolina. This bill was reported on the following day, ia. p# 220. 

and read a first and second time; and, on the 24th, it received its 

third reading, and was passed. In the Senate, the bill passed s. Journal, 

through its different stages on the 24th, 27th, and 28th, without P- 144 ~~ 

opposition. 

Extension The official notification of the accession of Rhode Island to the H. Journal, 

of judicial Constitution, wa3 made by the President of the United States P* 232 * 

system to ' 

R. Island, to the two houses, on the 1st of June, 1790; and, on the same id. p. 234. 

day, Messrs. Sedgwick, Benson, and Tucker, were appointed a 
committee to bring in a bill, or bills, for giving effect to the laws 
of the United States within that state. On the 4th, Mr. Sedg- 
wick, from this committee, reported a bill for giving effect to an 
act, entitled "An act to establish the Judicial Courts of the id. p. 235. 
United States within the state of Rhode Island and Providence 
Plantations," which received its three readings on that day 
and the two following days. And, on the 9th, the bill passed s. Journal, 
the Senate. P- 153 - 



244 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Laws to carry into Effect, &c. 1789. 



1st congress. A committee was appointed by the House of Representatives, H. Journal, 
" — ^^~ on the 16th of September, 1789, consisting of Messrs. Burke, p * 112, 
Salaries of Moore, and Lawrance, to prepare and bring in a bill for esta- 
^ artm^nt 6 " Wishing the salaries of the judicial department. On the 17th ? id. p. 113. 
Mr. Burke, according to order, presented a bill allowing certain 
compensations to the judges of the Supreme and other Courts, 
and to the attorney general of the United States; and the bill Id. p. 114. 
was then read a first and second time, and committed to a com- 
mittee of the whole house. On the 18th, the bill was considered 
in committee of the whole, and the committee reported several 
amendments. These amendments were agreed to; and the bill 
was read a third time, and passed on the following day. On the Id. p. 115. 
same day, the bill received its first reading in the Senate; and, 
on the 21st, the Senate proceeded to the second reading of the s - Journal, 
Progress of bill. It was then moved to amend the clause, providing for the 
bl11, salary of the chief justice, by striking out " thirty-five hun- 

dred," and inserting " four thousand," and this motion was 
agreed to. A motion was then made to amend the bill, by in- 
serting " five hundred," at the end of " three thousand," in the 
salaries of the associate justices of the Supreme Court; and this 
question was determined as follows: — 

Yeas — Messrs. Butler, Carroll, Gunn, Izard, King, Morris, 
Paterson, Read, Schuyler. — 9. 

Nays — Messrs, Bassett, Dalton, Ellsworth, Grayson, Henry, 
Johnson, Lee, Maclay, Wingate. — 9. 

The numbers being equal, the Vice-President gave his casting 
vote in the affirmative. 

It was then ordered that the rules be so far dispensed with, 
as that the bill have a third reading at this time. 

An unsuccessful motion was then made to strike out the sum 
of four thousand dollars as the salary of the chief justice, and 
insert three thousand eight hundred. The salary of the attor- 
ney general was then raised from "fifteen hundred" to "two 
thousand dollars;" and, with these amendments, the bill received 
the concurrence of the Senate. 

The bill having been returned to the House, it was there de- H. Journal, 
termined, on the same day, to agree to the first, second, and p ' 116# 
third amendments of the Senate, and to disagree to the fourth 
amendment. The Senate having receded from their fourth S. Journal, 
Billpassed. amendment, the bill was passed. p * 84 " 



HISTORY OF CONGRESS. 245 



Chap. II. The Constitution— Laws to carry into Effect, &c. 1790. 



1st congress. On the 5th of August, 1790, the House of Representatives H. Journal, 



2d Session 



passed an order, in the following words: — P* 289, 

Order that " Ordered — That the attorney general report to this house, at 
eenerafre- tne next session of Congress, on such matters relative to the ad- 
port, ministration of justice under the authority of the United States, 
as may require to be remedied; and that he also report such 
provisions, in the respective cases, as he shall deem advisable." 

3d session. On the 31st of December, 1790, the speaker of the House of id. p.347. 

Representatives presented a letter from the attorney general, ac- 
Report of companying his report on such matters relative to the adminis- 

attomey tration of justice, &c, made pursuant to the order of the house 
of the fifth of August last. The documents, having been read, 
were committed to a committee of the whole house for Wednes- 
day se'nnight. The subject was not afterwards taken up during 
this session, 



2d congress At the commencement of the second Congress, on the 3d of 1791. 

1st Session. __ . . , 

JMovember, this report of the attorney general was again corn- 
Report mitted to a committee of the whole house, (with the proposi- h. Journal, 
committed, tions to amend the Constitution.) On the 9th of November, the P* 448 * 
Further re- attorney general was directed to report to the house such fur- id. p. 451. 
poi or er- ^ er information as he might be in possession of, relative to the 

operation of the judicial system. On the 30th of November, the Id. p. 465. 
speaker laid before the house a letter from the attorney general, 
respecting his report on the judicial system of the United States, 
and it was then " ordered — That so much of the order of the 9th, 
as directs the attorney general to report to this house such fur- 
ther information as he may be in possession of, relative to the 
operation of the judicial system, be discharged." The commit- 
tee of the whole house was also discharged from the further con- 
Attomey sideration of the subject, and it was referred to a special corn- 
report re- m ^' ee » consisting of Messrs. Sedgwick, Hillhouse, Lawrance, 
ferred. Boudinot, Kittera, Murray, and Madison. On the 28th of De- S. Journal, 
cember, the President of the United States, in a message to the p " 
Further two houses, communicated the copy of a letter from the attor- 
commum- ney g enera I. The message, in the Senate, was ordered to lie for 

consideration; and, in the House of Representatives, it was re- H. Journal, 
ferred to the committee which had the subject in charge ; and p * 
to which Mr. Ames and Mr. Sturges were added on the 6th of 1792. 
Report of January. On the 18th, Mr. Lawrance made a report from this h. Journal, 
committee. committe6j which was ] aid on the table? and was taken up f or M 89 ' 493 ' 



246 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Laws to carry into Effect, &c. 1792. 



2d congress, consideration on the 23d, when the house adopted a resolution in 

1st Session. 

the following words : — 
Resolution " Resolved — That it would be proper to make it the duty of 
of house, the attorneys in the several districts, to pursue the instructions 
which, from time to time, shall be given them, respectively, by 
the attorney general of the United States, in all matters touching 
their respective offices, and to correspond with him on any mat- 
ter relative to judicial business, which shall arise within their re- 
spective districts, and upon which they shall request such advice, 
or he shall think it proper for him to interfere ; and to make it 
lawful for the, attorney general, in any suit, in which the United 
States shall be a party, or shall be interested, and in every court 
whatsoever, to advocate the United States, although such suit shall 
not have been originally instituted by him, or under his direction ; 
and that, for the purpose of assisting him in the execution, as well 
of the duties herein assigned him, as of those heretofore assigned 
him by law, he may appoint a clerk, who, for his services, shall 

be allowed at the rate of dollars by the year." 

This resolution was accompanied by an order that the com- 
mittee prepare and bring in a bill, or bills, to carry it into effect. 
Bill con- On the 24th, Mr. Lawrance, according to order, presented a 

cernmg at- ^j|| concer ningr the office of the attorney general of the United 
torney ge- ° 1 

neral. ' States, which received its first and second reading, and was com- 
mitted to a committee of the whole house. This bill was not 
further acted on. 

2d session. The judicial system, however, it was still found, did not work 
with that harmony and efficiency which were desirable. At the 
second session of the second Congress, the President of the United 
States laid before the two houses of Congress, " a copy of a letter s j ourna ] 
and representation from the chief justice and associate judges of P- 455. 
the Supreme Court of the United States, stating the difficulties h. Journal, 
and inconveniences, which attend the discharge of their duties ac- P* 614, 
cording to the present judiciary system." This communication 
was made on the 7th of November, 1792; and, on the following day, 
the letter and representation were committed to Messrs. Li vermore, 
Benson, Kittera, Venable, and W. Smith, " with instruction to exa- 
mine the same, and report their opinion thereupon to the house." 
Commit- On the 21st of November, the Senate appointed Messrs. Ells- s. Journal, 
parV bills worth > Stron g» Monroe, Johnston, and King, to be a committee to P- 459 - 
relating to take the judiciary system into consideration, and report thereon 
judiciary. to the Senate. 

A committee was also appointed by the House of Representa- h. Journal, 

p. 658. 



HISTORY OF CONGRESS. 247 



CHAP. II. The Constitution— Laws to carry into Effect, &c. 1792. 



2d congress, tives, on the 31st of December, consisting of Messrs. White, W. 

2d Session. ' . b . . 

Smith, and I. Smith, to prepare and bring in a bill or bills to ex- 
plain the act, entitled "■ An act to establish the judicial courts of 
the United States, in respect to taking baiL in criminal cases." 
Bill report- The last named committee reported on the following day, and H. Journal, 
ed * the bill presented, according to order, received its first and second p * 

reading, and was committed to a committee of the whole house. 



Senate bill On the 3d of January, Mr. Ellsworth, from the Senate commit- 1793. 
in ^? dltloI J tee, appointed to take the judiciary system into consideration, re- s. Journal, 
to establish ported a bill on that subject, which was read a first time. On ^ p 468 
courtepS the followin g da y> the " bill > in addition to the act, entitled < An 469. ' 
ed. act to establish the Judicial Courts of the United States,' " was 

again taken up, on the question of its second reading. The se- 
cond reading was resumed on the 7th, when the bill, having been 
amended, was ordered to a third reading. It received its third 
reading, and was passed, on the 8th of January. 

This bill was read a first and second time, on the same day, in H. Journal, 
the House of Representatives, and the House then discharged the 555. 
committee to which had been referred the letter and representa- 
tions of the chief justice and associate judges, from the further 
consideration of the subject. On the 28th of January, the com- Id. p. 684. 
mittee of the whole house, to whom the bill had been referred, 
was discharged from its further consideration, and it was com- 
mitted to a special committee, consisting of Messrs. Benson, Hill- 
house, Wm. Smith, White, and Kittera. On the 15th of Februa- Id. p. 704. 
ry, Mr. Benson, from this committee, reported several amendments 
to the bill, which were referred to a committee of the whole 
house. On Monday, the 18th, the bill and amendments were Id. p. 705. 
considered in committee of the whole, and were reported with 
Passed by amendments, which were agreed to by the house. The bill and 

house with amendments were then ordered to lie on the table. On the 20th, id. p. 709. 
amend- _ ... ._ 

ments. the bill was passed. 

The amendments made by the House of Representatives were s. Journal, 

taken up for consideration by the Senate, on the 22d ; and, after P- 491 - 

Amend- some debate, their further consideration was postponed. On the id. p. 493, 

ments con- 23d y they were again discussed, and again postponed; and, on the 494, 

with a- ' 25th, the amendments of the House were concurred in, with 

men ?" amendments. The House of Representatives, on the 27th, H. Journal, 

agreed to the amendments proposed by the Senate, with the fol- p ' 

lowing amendment; namely: "in the amendments of the Senate 

to the first amendment of the House, after the word ' absent? 

in the 5th line, insert these words: * or shall have been of coun- 



ments. 



,-:5 



:-;_- : :■:-: .'■ .:: ; }:.z!: 



-l^i ::. 



Tfc*riMliiiMiw I if i in mi i j imii FTi kz. 



IMS 



Mi>mi i 9eL<rbecooceniedmuitierertmaBTcavaetlienpefidiDr. 

^;i:f. :i :.ir i-"~r lit, • i::r-: :: ::.: ^r^::~r:: :: :.;: ht: -So. .-•--■■ 

!_::-. A :.-. ~~ ".= .."- ".::-c - 1 ~: :_: : i :i: - : :i^ :: ..i:;i--.t ". : -:. fs* :c :zi '£ r:'_-jil, 
;;"^" : - r _... :-,:::' 7z:::i:-. I'rS. - c.:c:e:-:zz :-il. pro: •=::.«. ?.-: ::i:i.;i " 
"i^ii :>.- :::r:i :: :2t Vi.:ri S:.i:^. ' ~i;;- - ■-?_• :::: :■=.?_: :■. z:v. -z : 
5r::i: :.~t :_: ~ii !•:■: = ;:.r;-~i.;:> ~:~.zi :z. 



Or the 30th of Jnfrr, 1790, a nrnmittrc was appointed by the 1799. 

::' Rir.-T^rz:.?.^."^. n^iiv;-^ ::' Mis-?*. 1 01^:-. "<"-_-_-- 

:;'S:.:i I'-i: : .__-.:-. ::--: -■ :: :..:_ ;': :_- r ::. ?. ':;.. ::H;:.-^ 
::t-v : .i ;:;:- : = :%:="::* :i- 7:: ::i; 0: — :f " : "- : "- 
Ac Hailed States, and lor jurors and witnesses attending the 

si-i: 21:. :i :- :-::. :-- 



:~: 








by die honse, at the gob- 

of the nrst Centres, consisting of 

DporarjproTiaon for the derks of 
the sereralJw&cial Courts of the United States, for the marshals 

cc* district, and for :he attendance and services of iarc-rs in the 
District Courts. This 



:i- :■; :::t:.-.-rr: =zi. :c ^: ll:i M: Sei^-lzV :--■--: 2 :i - :": 




On the 3ilh of February, Mr, Shennan, front the r mnnnilli 1 , id. p. 3®. 

::'•..".= ?■-■-.:--. :: :::« : :' .-. — . -.:.: :':? ; .::- izi ~ : -;.-•: 5 
- - ::■- •- r..~r. .:. : ^•::c: :;-•:- . i::'::-.: ::o: :: 2 ::■-- 
ine wnoie noose, lne oui was considered in coanntt- 
lee an the '2Sth, and reported without an "««>^^ The ktp,39s. 
then Tended, and ordered to he eng raft e d for a thud iip.396, 
and; on the 1st of March, it was read a third tune. 39r ' 
And the onestion on i 
7 -.:-: :':..: - ■.:, • . .- .— 



HISTORY OF CONGRESS. 249 



Chap. II. The Constitution— Laws to carry into Effect, &x. 1791. 



1st congress. Ayes — Messrs. Ames, Benson, B. Bourne, Burke, Cadwalader, 

3d Session. 

■ — - Carroll, Clymer, Contee, Fitzsimons, Foster, Gale, Gerry, Griffin, 

Passed in Hartley, Huntington, Lawrance, Lee, Livermore, Madison, jr., 
House. Scott, Sedgwick, Seney, Sherman, Smith, of Maryland, Smith, of 
South Carolina, Sturges, Trumbull, Wadsworth, White, Wyn- 
koop.— 30. 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Boudinot, Brown, 
Floyd, Gilman, Grout, Giles, Hathorn, Jackson, Leonard, Moore, 
Muhlenberg, Parker, Partridge, Van Rensselaer, Schureman, 
Silvester, Sinnickson, Stone, Sumpter, Thatcher.— 23. 

The bill was then sent to the Senate, where it was read a 
first time, as follows ; — 

Bill, assent " Section 1. Be it enacted, by the Senate and House of Represen- S. Joumal s 
o ena e. f a f lves j fa U n {t e d States of America, in Congress assembled — P' J * 
That there be allowed to the- several officers following, in addi- 
tion to the fees (except mileage to the marshals) to which they 
are otherwise by law entitled, and also to jurors and witnesses, 
in the courts of the United States, the following respective com- 
pensations : that is to say — To the attorney of the United States 
for the district, for his expenses and time in travelling from the 
place in the state where the office of the clerk of the District 
Court is kept, to the other place in the district where a Circuit 
Court is directed to be held, at the rate of ten cents per mile 
going, and the same allowance for returning: To the clerk of 
the District Court for attending in the District or Circuit Court, 
five dollars a day, and the like compensation for travelling as is 
above allowed to the attorney for the district : To the clerk of 
the Supreme Court, for attending in court, eight dollars per day: 
To the marshal of the district, for attending the Supreme Cir- 
cuit, or District Courts, five dollars per day; for summoning 
grand jury, three dollars ; and for summoning a petit jury, two 
dollars ; and for serving a writ, five cents per mile from the place 
where the office of the clerk of the District Court is kept to the 
place where the writ shall be served ; but there shall not, in any 
case, be an allowance of mileage to the marshals exceeding one 
hundred miles: To the grand and petit jurors, each, fifty cents 
per day, for attending in court, and for travelling, at the rate of 
fifty cents for every ten miles, from their respective places of 
abode, to the place where the court is held, and the like allow- 
ance for returning : To witnesses summoned on the part of the 
United States, or in behalf of any prisoner to be tried for any 
capital offence in any of the courts thereof, the same compensa* 
Vol. I.— 32 



250 HISTORY OF CONGRESS. 

Chap. II. The Constitution— Laws to carry into Effect, &c. 1791. 

1st congress, tion as is above allowed to grand and petit jurors. That the se- 
1 — ss ' veral officers above specified shall be deemed to have been en- 
Bill, as sent titled to the above respective compensations, from the time of 
to Senate, their respective appointments; and that the grand and petit ju- 
rors and witnesses who have heretofore attended, shall, also, be 
deemed entitled to the above compensation, in like manner as 
those who shall hereafter attend. That there shall also be paid 
to the marshal the amount of the expense for fuel, candles, and 
other reasonable contingencies for holding a court, as hath ac- 
crued or shall accrue ; and the compensation to the grand and 
petit jurors and witnesses, shall be included in the account of, 
and paid to the marshal, to the use of, and be by him according- 
ly paid over to, the several persons entitled to the same. And 
the accounts of the several officers for the compensations afore- 
said, (except mileage to the marshal, for the service of writs in 
civil causes,) having been previously examined and certified by 
the judge of the district, shall be passed in the usual manner at, 
and the amount thereof paid out of, the treasury of the United 
States. And a sum arising from the fines and forfeitures to the 
United States, and equal to the amount thereof, is hereby ap- 
propriated for the payment of the above accounts. 

* Sect. 2. Jlnd he it further enacted — That, instead of the 
provisions in that respect heretofore made, the first session of the 
Circuit Courts in the Eastern circuit, after the passing of this 
act, shall commence at the times following; that is to say: In 
New York district, on the fifth, and in Connecticut district, on 
the twenty-fifth, days of April next: in Massachusetts district, 
on the twelfth, and in New Hampshire district, on the twenty- 
fourth, days of May next: and in Rhode Island district, on the 
the seventh day of June next: and the subsequent sessions in the 
respective districts on the like days of every sixth calendar 
month thereafter: except when any of these days shall hap- 
pen on a Sunday, and then the sessions shall commence on the 
next day following. And the sessions of the said Circuit Court 
shall be held, in New Hampshire district, at Portsmouth and 
Exeter, alternately, beginning at the first; in Massachusetts 
district, at Boston; in Rhode Island district, at Newport and 
Providence, alternately, beginning at the first; in Connecticut 
district, at Hartford and New Haven, alternately, beginning at 
the last; and in New York district, at the city of New York 
only. 

" Sect. 3. Jlnd be it further enacted — That from and after 
the passing of this act, instead of the provisions in the act for 



HISTORY OF CONGRESS. 251 



CHAP. IT. The Constitution— Laws to carry into Effect, &c. 1791. 



latcongress. that purpose, the sessions of the Circuit Court for the district of 

3d Session. 

— Virginia shall be holden in the city of Richmond only. 

Bill, as sent M Sect. 4. And be it further enacted — That this act shall 
to Senate. contmue j n f orce un \\\ the end of the next session of Congress, 

and no longer." 

The bill was read a second time, on the same day, and was S. Journal, 
committed to Messrs. Ellsworth, Henry, and King, to consider p ' ° ' 
and report thereon. On the 3d, Mr. Ellsworth reported the bill Id. p. 307. 
with amendments, which were agreed to. The bill was then 
read a third time, and passed with the following amendments: — 

Amend- " Sect. 1, line 7. — Strike out from the word c place,' to the 

ments * word < at,' in the 9th line, and insert, ' of his abode to any court 

of the United States, in which his attendance shall be requisite. 

" Line 16 to 19. — Strike out from the word 6 serving,' to the 
word ( to,' and insert < and returning a writ, five cents per mile 
for his necessary travel.' 

"Strike out from the word ' jurors,' in the 1.9th line, to the 
word 6 to,' in the 23d line, and insert, 'such compensations re- 
spectively, as they would by law be entitled to for attending the 
courts of the state of which they are citizens.' 

" Strike out from the word < thereof,' in the 24th line, to the 
word < that,' in the 25th line, and insert, ( each, fifty cents per 
day for attending in court, and for travelling five cents per mile, 
from their respective places of abode to the place where the 
court is held, and the like allowance for returning.' " 

House dis- The amendments were then sent to the House of Representa- h. Journal, 
agree. tives for concurrence. The House proceeded at once to consi- P- 404 * 
der the amendments of the Senate, and agreed to some, and dis- 
agreed to others. The amendments having been returned to the 
Senate, were again taken up for consideration. The amendments 
disagreed to by the House were, the 3d, line 19 to 23, and the 
Senate re- 4th, line 24 to 25. The Senate then resolved to recede from 
cede. these amendments. And so the bill was passed. 



1st congress. Another bill connected with the judiciary, which demanded 1789. 

the early attention of Congress, was the " act to regulate pro- s. Journal, 

gulate pro- cesses in the courts of the United States." On the 17th of Sep- P* 81 * 
tember, 1789, Mr. Lee, from the committee appointed by the 
Senate to prepare a bill for organizing the judiciary of the 
United States, reported a bill, entitled " An act to regulate pro- 



~5t:?.t :t : y:?.iis 





of the United o«a, wwi men reeems $l 
d on the ISA and 19th, the hill passed throng* P- * 
d was ant to the Hoose of Representatives h. 
On the 19th, the hifl was read a first and se- P* *" 

::e Hr-se ::' 7,e;:e*ei u-_t; 5. izi 
of the whole hoose. The hOl 
n the 2>d and Mn, ini ^15 rennrted hi He si p. 

- .v.:;;.:-". -'"■;. .". .: :"-.:■..". S-.V = ;.: :- - ;: -:. f . • ■„- ?- 5 - 
dent at' 

« Skttmm seemd, Bme tJtird. Alter the word *yfeef/ insert. 
'except jees to judges. 9 Une fifth, after the words, <«** 
£*V insert ' firms and modes of? Line eighth, after the 
words' arii fair,' insert < and the rates of the fees the same 
as are, or were last, allowed by the states, respectively- in the 
court exercising supreme jurisdiction in suck causes.' " 



:- .:.e :':. — j^ t :: , - ::: 



I_:^. ■;, -f. ::--.7,:; : . •>;:".•>-'- 
ley, Bathorn, fleeter, Jackson, Lee, Li vennore, 
;:.:•:-:-->.:■::.:-. V Ji.f 1": f.-r. J-rkt-r. S::~ Se- 
ner. Stone, Saonptcr, Tucker. White.— 25. 

^—Messrs. Ames, Baldwin, Benson, Chrmer, 
r. Gzlz. Giii^ir. i>:ccii*fce- Li^r-\iz:e. Lercar i 

Silvester. Snnicsaon, Thatcher, Thong, Wjnknon. 
—IS. 

T: : :::.:: \znz:r7-.z-j — e:e :::: ipe-I ::. 



On the 19th of January. 1790, Ae Senate ordered-^ That ng& 
En*. Johnson. Efeworth, and flenrr. be a com- \ 



■- nntJee to report * a bill Ho regulate process m the conns of the P-l®*- 

" United States. 9 On the 23dof ApriL Mr. Strong, from tin? com- ii p. 13S_ 

naktee. reported a hflL *to oontinne in ibrce an act passed at the n^ist. 

■■ last session of Congress, to regulate pronsnes in the courts of the 



Vrl-.i-i *:::-< ~'l::i --::o~ -:.:.: 1 z .rr. . .- i ■>: :":. : ,.::. T _ 



the hill M ece iied its second readme, and was read a third 
*" and passed on the following day. 

7 v; ': . --:< re.-.: \ r.-?- •' — ■: - : - :".~ : - :'--= ;": -: ;;' Fl-:- 
bw prcsentatrre* on the 57th at 

d*T. 



The House of RefraentaiiiTS, on the 5th of February. 1791. ngj 
- £w^ci-SrorgFS.aadContee.a uannullf f to H-J— ■ 



HISTORY OF CONGRESS. 253 



CHAP. IT. The Constitution— Laws to carry into Effect, &c. 1791. 



1st congress., prepare and brine in a bill, or bills, further to continue in force 

3d Sessio n. r r ° ' 

~~~7~~j — an act passed the first session of Congress, entitled " An act to re- H. Journal, 
to continue gulate civil processes in the courts of the United States ;" and, on 275. 
act in force, the 9th, Mr. Sedgwick presented a bill, which was then read a 
Bill passed, first time. This bill also passed through without delay, being 
read a second and third time, on the 10th and 11th of February. 
On the 11th, 12th, and 14th, the bill went through its various S. Journal, 
stages in the Senate without opposition. ^g 61 ,263, 



2J c?n§ ress - This bill having also expired, when the second Congress assem- 

^jjT bled, the Senate, on the 1st of November, 1791, appointed id. p.335. 

pensate of- Messrs. Henry, Strong, and Monroe, to be a committee to report 

refill t and a kiU providing compensation for the officers of the judicial 

processes, courts of the United States, and for jurors and witnesses. 

On the 26th of January, 1792, Mr. Henry, from this commit- 1792. 
tee, reported " a bill for regulating processes in the courts of the s. Journal, 
United States, and providing compensations for the officers of the p * 
said courts, and for jurors and witnesses," which was read a first 
time. The bill was under consideration on the 30th, 31st, 1st, id. p. 384. 
2d, and 3d, of February, when sundry amendments having been 
Blade, it was ordered to a third reading. The bill was further id. p. 387. 
considered on the 6th, and again on the 13th, when a motion to 
insert, at the end of section 2, these words, " and be at liberty to 
pursue the same until a tender of the debt and cost in gold or 
Passed by silver shall be made," was determined in the affirmative, by the 
Senate. f H wing vote :— 

Yeas — Messrs. Bassett, Burr, Cabot, Carroll, Dickinson, Ells- 
worth, Foster, Izard, King, Langdon, Morris, Read, Rutherford, 
Strong. — 14. 

Nays — Messrs. Bradley, Butler, Few, Gunn, Hawkins, Henry, 
Johnston, Lee, Monroe, Robinson, Sherman, Stanton, Wingate. 
—13. 

After agreeing to some further amendments, the bill was passed. 
The following is a copy of the bill, as it went from the Senate to 
the House. 

Copy of "Section 1. Beit enacted, by the Senate and House of Represen- Id.p.38d 
tatives of the United States of America, in Congress assembled — 
That all writs and processes issuing from the Supreme or a Circuit 
Court, shall bear test of the chief justice of the Supreme Court ; 
and, if from a District Court, shall bear test of the judge of such 
court, and shall be under the seal of the court from whence they 



254 HISTORY OF CONGRESS. 



Chap. IT. The Constitution— Laws to carry into Effect, &c. 1792. 



2d congress, issue, and signed by the clerk thereof. The seals to be provided 

1st Sessio n. 7 ° J . r 

at the expense of the United States, 
bill ° Py "Section 2. And be it further enacted — That, until other provi- 

sion shall be made, and except where, by this act, or other sta- 
tutes of the United States, it is otherwise provided, the forms of 
writs and executions, except their style, and the modes of pro- 
cess, and proceedings in suits at common law, shall be the same 
in each state respectively, as are now used or allowed in the 
highest common law courts, having original jurisdiction of the 
same. And the forms and modes of proceeding in causes of equity, 
and of admiralty and maritime jurisdiction, shall be, except 
where the laws of the United States otherwise provide, according 
to the course which hath obtained in the states respectively in 
like causes, or in states which have not courts of equity jurisdic- 
tion, or have not had courts of admiralty and maritime jurisdic- 
tion, according to the course of proceedings in such courts, re- 
spectively, in any adjoining, or the nearest state in which they 
are, or have been, instituted ; subject, however, to such deviations 
in each state, by rule of court, as a difference of circumstances 
may require, or as may be requisite to prevent unnecessary de- 
lay and expense: Provided — That on judgment in any of the 
cases aforesaid, where different kinds of executions are issuable 
in succession, a capias ad satisfaciendum being one, the plaintiff 
shall have his election to take out a capias ad satisfaciendum in 
the first instance, and be at liberty to pursue the same, until a 
tender of the debt and cost, in gold or silver, shall be made. 

" Sect. 3. And be it further enacted — That, from and after the 
passing this act, the fees and compensations to the several offi- 
cers and other persons hereafter mentioned shall be as follows : 
that is to say, to the marshals of the several districts of the United 
States, for the service of any writ, warrant, attachment, or pro- 
cess, in chancery, on each person named in the same, one dollar ; 
for his travel out in serving each writ, warrant, attachment, or 
process, as aforesaid, five cents per mile, to be computed from the 
place of service to the court where the writ or process shall be 
returned ; and if more persons than one are named therein, the 
travel shall be computed from the court to the place of service 
which is most remote, adding thereto the extra travel necessary 
to serve it on the other: Provided — That the fee for travel shall, 
in no case, exceed fifteen dollars ; for each bail bond, fifty cents ; 
for selling goods and vessels condemned, and receiving and pay- 
ing the money, three per cent.; for every commitment or discharge 
of a prisoner, fifty cents ; for summoning witnesses, each twenty 



HISTORY OF CONGRESS. 255 



Chap. II. The Constitution— Laws to carry into Effect, &c. 1792. 



2d congress, cents, and his necessary travel, at five cents per mile, to be com- 

lst Ses sion. . J . r . . 

puted as aforesaid ; for summoning a grand or petit jury, each 

bill ° Py ° * nree dollars, and his necessary travel, at five cents per mile, to 
be computed in like manner: Provided — That in those states 
where jurors, by the laws of the state, are drawn by constables, 
or other officers of corporate towns or places, by lot, the mar- 
shals shall receive, for the use of such constables or officers, such 
part of the fees allowed for travel, in summoning juries, as the 
court to which the juries may be returned, shall direct ; for at- 
tending the Supreme, Circuit, or District Courts, five dollars per 
day — and at the rate of ten cents per mile for his expenses and 
time, in travelling from the place of his abode to either of the said 
courts; for levying an execution, and for all other services not 
herein enumerated, such fees or compensation as are allowed in 
the Supreme Court of the state where the services shall be ren- 
dered ; to the clerk of the Supreme Court of the United States, 
ten dollars per day for his attendance in court, and for his other 
services, in discharging the duties of his office, double the fees of 
the clerk of the Supreme Court of that state in which the Su- 
preme Court of the United States shall be holden ; to the clerk of 
the District and Circuit Courts, such fees in each state, respec- 
tively, as are allowed in the Supreme Courts of the same, and 
five dollars per day for his attendance on any Circuit or District 
Court, and at the rate of ten cents per mile for his expenses and 
time, in travelling from the place of his abode to either of the 
said courts. And in case any clerk of a court of the United 
States shall, in discharging the duties of his office, perform any 
kind of service which is not performed by the clerks of the courts 
of the state, and for which the laws of the state make no allow- 
ance, the court in which such service shall be rendered, may al- 
low a reasonable compensation therefor; to each grand and petit 
juror, one dollar per day for attending in court, and for travelling 
at the rate of five cents for every mile, from their respective 
places of abode to the place where the court is held, and the 
like allowance for returning; to witnesses summoned on the part 
of the United States, or in behalf of any prisoner to be tried for 
a capital offence in any of the courts thereof, the same compensa- 
tion as is above allowed to grand and petit jurors; to witnesses in 
other cases, the same compensations in each state respectively as 
are allowed in Supreme courts of the same; to the attorney of 
the United States for the district, such fees in each state re- 
spectively as are allowed in the Supreme Courts of the same; 
and also the like compensation for travelling as is above allowed 



256 HISTORY OF CONGRESS. 



CHAP. II. The Constitution— Laws to carry into Effect, &e. 179*2. 



2d congress, to the clerk of the District and Circuit Courts; and where the 

1st Session. . 

amount of such fees and compensations to the district attorney, 

bill ° Py sna ^ ^ e less in any year than one fifth part of the salary of the 
judge of such district, the difference shall be allowed and paid 
to the attorney at the end of the year. 

" Sect. 4. Snd be it further enacted — That the marshal shall 
have the custody of all vessels and goods, seized by any officer 
of the revenue, and shall be allowed such compensation therefor 
as the court may judge reasonable. And there shall be paid to the 
marshal the amount of the expense for fuel, candles, and other rea- 
sonable contingencies that may accrue in holding the courts with- 
in his district, and providing the books necessary to record the 
proceedings thereof; and such amount, as also the compensations 
aforesaid, to the grand and petit jurors; to the witnesses sum- 
moned on the part of the United States, or in behalf of a prison- 
er to be tried for a capital offence; to the clerk of the Supreme 
Court, for his attendance; to the clerks of the District and Circuit 
Courts, for their travelling and attendance; to the attorney of 
the district, for travelling to court; to the marshal, for his attend- 
ance at court; for summoning grand and petit jurors, and witnesses 
in behalf of any prisoner to be tried for a capital offence; for the 
maintenance of prisoners confined in gaol for any criminal of- 
fence, and for the commitment or discharge of such prisoner; 
and also the legal fees of the clerk, attorney, and marshal, in cri- 
minal prosecutions, shall be included in the account of the mar- 
shall ; and the same having been examined and certified by the 
court, or one of the judges of it, in which the service shall have 
been rendered, shall be passed in the usual manner at, and the 
amount thereof paid out of, the treasury of the United States, to 
the marshal, and shall by him be paid over to the persons entitled 
to the same. And the marshal shall be allowed two and a half 
per centum on the amount by him so paid over, to be charged 
in his future account. 

" Sect. 5. And be it further enacted — That in every prosecu- 
tion for any fine or forfeiture incurred under any statute of the 
United States, if judgment is rendered against the defendant, 
he shall be subject to payment of costs. And on every convic- 
tion for any other offence, not capital, the court may, in their 
discretion, award that the defendant shall pay the costs of prose- 
cution. And if any informer or plaintiff, on a penal statute, to 
whose benefit the penalty, or any part thereof, if recovered, is 
directed by law to accrue, shall discontinue his suit or prosecu- 
tion, or shall be nonsuited in the same, or if upon trial a verdict 



HISTORY OF CONGRESS. 257 



CHAP. II. The Constitution— Laws to carry into Effect, Sec. 1792. 



2d congress, shall pass for the defendant, the court shall award to the defend- 

lst Session. .. 1 • • <v 1 «? r 

ant his costs, unless such informer, or plaintin, be an omcer 01 

bilf ° Py tne United States, specially authorized to commence such prose- 
cution, and the court before whom the action or information shall 
be tried, shall, at the trial, in open court, certify, upon record, 
that there was reasonable cause for commencing the same, in 
which case no cost shall be taxed for the defendant. 

" Sect. 6. And be it further enacted — That the fees and com- 
pensations to the several officers and persons hereinbefore men- 
tioned, other than those which are above directed to be paid out 
of the treasury of the United States, shall be recovered in like 
manner as the fees of the officers of the states respectively, for 
like services, are recovered. 

" Sect. 7. And be it further enacted — That if any officer 
hereinbefore mentioned, or his deputy, shall, by reason or colour 
of his office, wilfully and corruptly demand and receive any 
greater fees than those allowed by this act, he shall, on convic- 
tion thereof in any court of the United States, forfeit and pay a 
fine not exceeding five hundred dollars, or be imprisoned not 
exceeding six months, at the discretion of the court before whom 
the conviction shall be. 

"Sect, 8. And be it further enacted — That the act passed at the 
last session of Congress, entitled 'An act to continue in force for 
a limited time, an act passed at the first session of Congress, en- 
titled * an act to regulate processes in the courts of the United 
States/ and also another act passed at the last session of Con- 
gress, entitled ' an act providing compensations for the officers of 
the Judicial Courts of the United States, and for jurors and wit- 
nesses, and for other purposes,' be, and the same are hereby re- 
pealed." 

BUI in the On the 1 5th of February, the bill was read a first and second H. Journal, 
House. time in the House of Representatives, and was committed to P* 509, 
twice. Messrs. Boudinot, Smith, of South Carolina, White, Benson, and 
Amended. Smith, of New Hampshire. This committee made a report on id. p. 562, 

the 4th of April, which was then laid on the table, and on the s77 ' 
Recommit- 12th was committed to a committee of the whole house, with 

the amendments which had been reported. The bill and amend- id. p. 579. 
ments were taken up on the 16th, and other amendments having 
been made in committee, were reported to the house. On the Id. p. 587. 
25th and 26th, the various amendments were under considera- 
tion, and were further amended ; and the bill and amendments 
Vol. I.— 33 



258 HISTORY OF CONGRESS. 



Chxp. II. The Constitution— Laws to carry into Effect, &c. 1792. 



imsST were ordered to a tnird reading. After being recommitted and H. Journal, 
Bin again amended, the bill was passed on the following day. p * 590# 

passed. The Senate having received the amendments of the House of S. Journal, 
Senate Representatives, referred them to Messrs. Ellsworth, Bradley, p ' 434 ' 
amend- Monroe, Burr, and Henry, to consider and report thereon. On the Id. p. 435, 
ments. 1st of May, Mr. Ellsworth made a report which was considered 436 * 
Agree to on that and the following day; when all the amendments to 
the first section were agreed to, as also were— the first amend- 
ment to the second section, amended as follows: strike out, from 
the word " equity," in the 6th line, to the word " subject," in the 
10th line of the amendment, and insert "and in those of admi- 
ralty and maritime jurisdiction, according to the principles, rules, 
and usages, which belong to Courts of Equity, and to Courts of Ad- 
miralty, respectively, as contradistinguished from Courts of Com- 
mon Law, except so far as may have been provided for by the 
act to establish the Judicial Courts of the United States:" — the 
amendments to the third section, except the third and fourth, 
with an amendment to the second, by striking out " four " in 
both places, and inserting " seven :" — the first amendment to the 
fourth section: — the amendment to the fifth section, and the ad- 
ditional sections, except the second and fifth additional sections, 
with an amendment to the fourth additional section, so that it 
shall read as follows : " And be it enacted — That it shall be the 
duty of the attorneys in the several districts to correspond with 
the attorney general of the United States, in any matter relative 
to judicial business which shall arise w 7 ithin their respective dis- 
tricts, and upon which he shall request information from them. 
Disagree to And to all the other amendments in the bill the Senate disagreed. 

The house on the 3d, proceeded to reconsider their amend- H. Journal, 
ments, and adopted the following series of resolutions: — p. 595, 596. 

" Resolved — That this house doth agree to the amendment pro- 
posed by the Senate to their first amendment to the second sec- 
tion. 

" Resolved — That this house doth recede from their third 
amendment to the third section ; also, from the second section 
proposed to be added to the end of the bill. 

" Resolved — That this house doth insist on their second amend- 
ment to the second section; on their fourth amendment to the 
third section ; on their second amendment to the fourth section ; 
also, on the fourth and fifth sections proposed to be added to the 
end of the bill. 

" Resolved — That a conference be desired with the Senate on 
the subject matter of the amendments insisted on ; and that Mr. 



HISTORY OF CONGRESS. 259 



CHAP. II. The Constitution— Laws to carry into Effect, &c. 1792. 



2d congress. Madison, Mr. Lawrance, and Mr. Clarke, be appointed mana- 
— ■ gers, at the said conference, on the part of this house." 

The question that the house recede from their second amend- 
ment to the second section, for striking out the words " and be at 
liberty to pursue the same, until a tender of the debt and costs in gold 
and silver be made" was decided in the negative, by the follow- 
ing vote : — 

Ayes — Messrs. Ames, Benson, Boudinot, S. Bourne, Fitzsimons, 
Gerry, Gilman, Goodhue, Hillhouse, A. Learned, Murray, Jere. 
Smith, W. Smith, Steele, Silvester, Thatcher, Wadsworth, 
Ward.— 18. 

Noes — Messrs. Ashe, Baldwin, Barnwell, B. Bourne, Brown, 
Clarke, Dayton, Giles, Gordon, Gregg, Griffin, Grove, Heister, 
Huger, Jacobs, Key, Kitchell, Lawrance, Livermore, Macon, 
Madison, Moore, Muhlenberg, Niles, Page, Parker, Schoonma- 
ker, Seney, Sheridan, I. Smith, Sterrett, Sturges, Sumpter, 
Tredwell, Tucker, Venable, White, Williamson. — 38. 

The Senate, on the same day, determined to insist on their dis- s, journal, 
agreement to the said amendments; and agreeing to the proposed P- ^^- 
Confer- conference, appointed Messrs. Ellsworth, King, and Henry, to 
ence, ^e mana g er s on the part of the Senate. 

Report of Mr. Madison made report to the House from this conference, h. Journal, 
of™nfe?- on the 5th of Ma y? " that the managers had, according to order, P- 598 > 599 - 
ence. met the managers on the part of the Senate, in the conference 

chamber, and fully discussed the subject referred to them, and 
had agreed that it would be proper, on the part of this House, 
to recede from the fourth amendment to the third section; as 
also from the second amendment to the fourth section: but that, 
on the subject matter of all the other amendments, the managers 
of the two houses had not come to any agreement. " On the id. p. 602. 
7th, the bill was again taken up by the House, for the purpose 
of considering the report of the managers. The second amend- 
ment to the second section, for striking out the following words, 
" and be at liberty to pursue the same until a tender of the debt 
and costs in gold or silver shall be made;" being read, the ques- 
tion, that the house do adhere to this amendment, was deter- 
mined in the affirmative, by the following vote: — 

Jlycs — Messrs. Ashe, Baldwin, Brown, Clarke, Findley, id. p. 603. 
Giles, Gregg, Griffin, Grove, Heister, Jacobs, Key, Kitchell, 
Lee, Livermore, Macon, Madison, Moore, Muhlenberg, Page, 
Parker, Seney, I. Smith, Sumpter, Tredwell, Tucker, Venable, 
White, Williamson, Willis.— 30. 



260 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Laws to carry into Effect, &c. 1792. 



2d congress. Noes— Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 

jst session. * * 

Fitzsimons, Gilman, Goodhue, Hillhouse, A. Learned, Murray, 
Jere. Smith, W. Smith, Steele, Sturges, Silvester, Ward. — 17. 

The House then resolved to adhere to their disagreement to 
the amendment of the Senate to the fourth section proposed to 
be added to the bill, and recede from all the other amendments 
disagreed to by the Senate. 

In their evening session of the same day, the Senate proceed- s. journal, 
ed to consider the determination of the House of Representa- p " 441 ' 
tives, in reference to the amendments. It was then moved to 
Senate re- recede from the disagreement to the second amendment of the se- 
cond section, which was to strike out the words, already quoted: 
" and be at liberty to pursue, fyc; and the question was de- 
cided in the affirmative. A motion was then made to adhere 
to the disagreement to this amendment, which was decided in 
the negative, by the following vote: — 

Yeas— Messrs. Cabot, Carroll, Dickinson, Ellsworth, Foster, 
Izard, King, Morris, Read. — 9. 

Nays — Messrs. Few, Hawkins, Henry, Johnston, Lee, Mon- 
roe, Robinson, Sherman, Stanton, Wingate. — 10. 

It w r as then determined to recede from the other amendment 
adhered to by the House of Representatives. 



mcongress. On tne 5ln of April, 1790, the President of the United States 1790. 
2d s e ssion. enc ] osec j to the two houses copies of three acts of the legislature 

of New York, among which was "An act for vesting, in the H. Journal, 
United States of America, the light-house, and lands thereunto P- 189> 
belonging, at Sandy Hook." On reception of this message, an 
order was adopted by the House of Representatives, " that the 
exemplification of the act of the legislature of the state of New 
York, entitled ' An act for vesting in the United States of 
America, the light-house, and lands thereunto belonging, at 
Sandy Hook/ referred to in the message of to-day, from the 
President of the United States, be committed to Mr. Page, 
Mr. Benson, and Mr. Seney, with instruction to examine the 
same, and report their opinion thereupon to the house." 
Authenti- On the 28th of April, Mr. Page, from this committee, pre- Id. p. 204. 
cationofre- se nted a bill u to prescribe the mode in which the public acts, re- 
judicial cords, and judicial proceedings, in each state, shall be authenti- 
proceed- cated, so as to take effect in every other state," which then 
^' received its first reading. The bill was read a second time on id. p. 207. 



HISTORY OF CONGRESS. 



261 



CHAP. II. The Constitution— Laws to cany into Effect, &c. 1790. 



m&X 88 ' the 29th ' and was committed ; an d, on the 3d of May, it received 
its third reading, and was passed and sent to the senate. On the 
3d, 4th, and 5th, it had its several readings in the Senate, and 
passed that branch of the legislature. 



ift C S, r on S " Provision is made in the second section of the fourth article 1791. 



F Ug if 1V es °f the Constitution, for the delivering up, by a state, of fugitives 
from jus- from justice from another state. In reference to this clause of 
the Constitution, on the 31st of October, 1791, the house of Re- 
presentatives passed the following order : — 

" Ordered — That a committee be appointed to prepare and h. Journal, 
bring in a bill, or bills, providing the means, by which persons P* 444, 
charged in any state with treason, felony, or other crime, who 
flee from justice, shall, on the demand of the executive authori- 
ty of the state from which they fled, be delivered up, to be re- 
moved to the state having jurisdiction of the crime ; also pro- 
viding the mode by which a person, held to service or labour in 
one state, under the laws thereof, escaping into another, shall be 
delivered up, on claim of the party to whom such service or la- 
bour may be due ; and that Mr. Sedgwick, Mr. Bourne, of Mas- 
sachusetts, and Mr. White, be the said committee." 

Bill report- On the 15th of November, Mr. Sedgwick, from this committee, id. p. 454. 
ed# presented a bill respecting fugitives from justice, and from the 

service of masters, which was read a first and second time, and 
Not acted committed to a committee of the whole house. This bill was 
on - not taken up at any subsequent part of the session. 

2d session. It was not until the second session of the second Congress, that 1792-93. 
any further legislative movement was made upon this subject. 
On the 22d of November, 1792, the Senate appointed Messrs. s. Journal, 
Johnston, Cabot, and Read, to be a committee to consider the ex- p * 460, 
pediency of a law respecting fugitives from justice, and persons 
escaping from the service of their masters, and, if they think pro- 
Senate bill per, to report a bill. On the 20th of December, a bill was re- Id. p. 465. 
respecting p 0r t e( j by this committee, " respecting fugitives from justice, and 
&c persons escaping from the service of their masters," which was 

Read, dis- read, and ordered to a second reading. The debate on the se- id. p. 466. 
recommit- con ^ reading, occupied the Senate on the 21st, 24th, 26th, and 
ted. 27th of December, when a motion was made to postpone the fur- 

/jher consideration of the bill to the next session of Congress ; 
which motion was, on the 28th, decided in the negative. The id, p. 467. 



262 HISTORY OF CONGRESS. 



CHAP. II. The Constitution— Laws to carry into Effect, &c. 1792-93. 



2d congress, bill was then recommitted, and Messrs. Taylor and Sherman 

: — T" were added to the committee, with an instruction to consider the 

respecting- subject generally, and report thereon. Mr. Johnston, on the 3d S. Journal, 
fugitives, r January, reported amendments to the bill, and the report was J^ 2 . 
ordered to be printed. The subject was again taken up on the 
4th, and was postponed, by daily motions, after debate, until the 
17th, when the report was adopted in an amended form, and the 
bill was ordered to be amended accordingly. On the 18th, the 
bill was read a third time, and being further amended, it was 
moved to strike out five hundred dollars, for the purpose of in- 
serting a less sum in section 4th, the penalty on " any person who 
shall knowingly and wilfully obstruct, or hinder such claimant, 
his agent or attorney, in so seizing or arresting such fugitive from 
labour, or shall rescue such fugitive from such claimant, his agent 
or attorney, when so arrested, pursuant to the authority herein 
given or declared ; or shall harbour or conceal such person, after 
notice that he or she was a fugitive from labour, as aforesaid." 
Passed the This motion was determined in the negative, and the bill was 
Senate ' then passed. 

Read twice The bill received its first and second reading on the 21st, and H. Journal, 
House was comm itted to a committee of the whole house. On the 4th p ' 
Read 3d of February, the bill was considered in committee, and was re- id. p. 689. 
time after p 0r t e d V vith an amendment, which was then agreed to by the 

being a- r ° J 

mended, house. The bill was read a third time on the 5th, and was id. p. 690. 
andpassed. pag3ed by the f H owmg vote •_ 

Ayes — Messrs. Ames, Ashe, Baldwin, Barnwell, Benson, Boudi- 
not, S. Bourne, B. Bourne, Clarke, Dayton, Findley, Fitzsimons, 
Gerry, Gilman, Goodhue, Gordon, Greenough, Gregg, Griffin, 
Grove, Hartley, Hillhouse, Hindman, Huger, Jacobs, Key, Kit-, 
chell, Learned, Lee, Leonard, Macon, Moore, Muhlenberg, Mur- 
ray, Orr, Page, Schoonmaker, Sedgwick, Silvester, I. Smith, W. 
Smith, Steele, Sumpter, Tucker, Wadsworth, White, William- 
son, Willis.— 48. 

Noes — Messrs. Livermore, Mercer, Niles, Parker, Sturges, 
Thatcher, Tredwell.— 7. 

The amendment made by the House of Representatives, which 
was, to strike out the word " deemed" from the first line of the 
Amend- first section, was considered in the Senate on the 5th of Februa- s. Journal, 
ment con- r ^ an( j was conC urred in, so that the bill was then finally passed. P- 480# 



ist congress. Early in the first session of the first Congress, on the 13th i£ Yi$Q. 
ist session. ^^ a comm ittee was appointed in the Senate, consisting of 



HISTORY OF CONGRESS. 263 



CHAP. II. The Constitution— Laws to carry into Effect, &c. 1789. 



islSon 9 " Messrs - J°hnson,Read,Langdon,Morris,Dalton,Elmer, Henry, and s> Jonrm ] t 

Crimes Gunn, to report a bill defining the crimes and offences that shall p. 25. 

and be cognizable under the authority of the United States, and their 

mexts! punishment. And, on the 28th of July, Mr. Johnson, from this id. p. 48. 

Bill to de- committee, presented a bill, entitled "An act for the punishment 

fine crimes f cer t a in crimes against the United States ;" which was read the 

ments. first time, immediately; and, on the 3d of August, received the se- ld.p.51.58, 

Passed by cond reading. The bill subsequently occupied the Senate on the 
Senate 

11th, 12th, and 13th, when it was ordered to the third reading; 

and, on the 18th, 26th, and 27th, it was further considered and dis- H. Journal, 

[S. B. 2.] cussed, and was directed to be engrossed. On the 31st, the bill was p ' ' ' 

passed, and sent to the House of Representatives for concurrence, id. p. 68. 

The bill was read the first and second time, in the House, on H. Journal, 

the 2d and 3d of September, and was then committed to a com- p * ' 

mittee of the whole house; and, on the 16th, the further consi- 

Postponed deration of the bill was postponed until the next session of Con- 
by House. 
' gress. 

2(1 gegsi "- At the next session, on the 26th of January, 1790, the Senate 1790. 

Bill report- again appointed a committee, consisting of Messrs. Ellsworth, s. Journal, 
Johnson, Strong, Paterson, and Hawkins, to report "a bill de- p ' 108,109, 
fining the crimes and offences that shall be cognizable under the 
authority of the United States, and their punishment;" and Mr. 
Ellsworth, on the same day, reported the bill, which was imme- 

[S. B. 6.] diately read the first time. The Senate was engaged in the se- 
cond reading of the bill during the 27th and 28th ; when it was 
read the third time, and the fourth section was amended, to read 
as follows : — 

" That the Court before whom any person shall be convicted H. Journal, 
of the crime of murder, for which he or she shall be sentenced to p ' ' 
suffer death, may, at their discretion, add to the .judgment, that 
the body of such offender shall be delivered to a surgeon, for dis- 
section ; and the marshal, who is to cause such sentence to be 
executed, shall, accordingly, deliver the body of such offender, af- 
ter execution done, to such surgeon as the court shall direct, for 
the purpose aforesaid: Provided — That such surgeon, or some 
other person by him appointed for the purpose, shall attend, to 
receive and take away the dead body, at the time of the execu- 
tion of such offender." 

The bill was then passed, and sent to the House of Represen- 
tatives for concurrence. In the house, the bill received the first 
reading on the 29th, and, on the 1st of February, was read the 



HISTORY OF ctnuua. 



QUI. IL Tfee DmrtiftKHin l . gw a to cany into Effect, fcc. 1790. 



time, and committed to a committee of the whole house. H. Journal, 
The til was considered, in committee of the whole, on the 5th, ^ 89 ~" 

and 9th of April, when several amendments were 
reported, which, alter being: amended by the Senate, were agreed 
to. and the bill was ordered to the third reading ; and, on the 10th, Id. p. 192. 
Ike bill was read the third time, and passed in the amended 



On the return of the bill, as amended, the Senate proceeded to 
consider the amendments of the House of Representatives, on the S. Journal, 
: ind 14th: when the following resolution was adopted: — p * 

"Rooked — That they do agree to the amendments proposed 
in the 1st, 3d, 8th, 9th, 10th r 11th, 12th, 14th, 16th, 17th, 19th, 
- : :h, and 27th sections; to the proposed amendments in sec- 
tion 19, fine 1; section 20, line 1; section 26, lines 9 and 10 ; and 
in the additional clause proposed to the bill — 

•That they do disagree to the amendments in section 19, line 
action 20, line 3; section 26, line 2 : and that they do agree 
to the amendments in section 28, with an amendment/' 

On the 19th, the House of Representatives receded from the H. 
amendments which had been disagreed to by the Senate, and ac- P* 196 * 
i the modification proposed by the latter to the 2Sth 



O* the 91st of September, 1789, the Senate passed and sent to HBI 
! of Representatives for concurrence, the following joint 



"■Raohed+bij the Senate and House of Representatives of the United S. Journal, 
States of 'America? in Congress assembled — That it be recommended p * **■ 
to the legislatures of the several states, to pass laws, making it 
expressly the duty of the keepers of their gaols to receive, and 
snie keep therein, all prisoners committed under the authority of 
the United States, until they shall be discharged by due course 
of the laws thereof; under the like penalties as in the case of pri- 
soners committed under the authority of such states respectively: 
the United States to pay for the use and keeping of such gaols, 
at the rate of fifty cent3 per month for each prisoner that shall. 
onder their authority, be committed thereto, during the time such 
prisoners shall be therein confined: and also, to support such of 
aen an shall be committed for ofien«; _ 

resolution was agreed to by the House of Representatives, h. Journal, 

p. 115. 



HISTORY OF CONGRESS. g 65 



CHAP. II. The Constitution— Laws to carry into Effect, &c. 1789-90. 



ist congress. At the next session, on the 5th of April, 1790, the President H. Journal. 

2d Session. x iqq, 

of the United States transmitted to Congress, the copy of an act P* lsy * 
of the legislature of New York, communicated to him by the go- 
vernor of the state, entitled " An act declaring it to be the duty 
of the sheriffs of the several counties within this state, to receive, 
and safe keep, such prisoners as shall be committed under the au- 
thority of the United States." 

3d session. On the 3d of March, 1791 , at the third session of this Congress, 1791. 
the House of Representatives agreed to the following joint reso- H. Journal, 
lution:— P- 406 - 

Joint reso- "Whereas, Congress did, by a resolution of the twenty-third of 
thorizinff U " September, one thousand seven hundred and eighty-nine, recom- 
marshal to mend to the several states to pass laws, making it expressly the 
forconfine- duty of the keepers of their jails to receive and keep safe therein, 
mentofpri- all prisoners committed under the authority of the United States : 
"In order, therefore, to ensure the administration of justice — 
" Resolved by the Senate and House of Representatives of the 
United States of America, in Congress assembled — That, in case any 
state shall not have complied with the said recommendation, the 
marshal, in such state, under the direction of the judge of the 
district, be authorized to hire a convenient place, to serve as a 
temporary jail ; and to make the necessary provision for the safe 
keeping of prisoners committed under the authority of the United 
States, until permanent provision shall be made, by law, for that 
purpose ; and the said marshal shall be allowed his reasonable ex- 
penses incurred for the above purposes, to be paid out of the trea- 
sury of the United States." 

And, on the same day, the Senate concurred in this resolution, s. Journal, 

p. 311. 



ist congress. On the 21st of July, 1790, a petition of John Tucker, clerk of 1790. 
— " ession - the Supreme Court of the United States, was presented to the H. Journal, 
Petition House of Representatives, praying that the expense of procuring P'^' 5, 
Tucker sea ^ s f° r tne Supreme and Circuit Courts of the United States, 

may be defrayed. This petition was ordered to lie on the table ; 

and the subject was not acted on in a distinct form. 

3d session. At the next session, on the 12th of February, 1791, a petition 1791. 
Petition of from the same individual was presented to the House of Repre- h. Journal, 
Tucker. se ntatives, praying compensation for his past services and ex- ' ' 
penses, as clerk to the Supreme Court of the United States; which 
Vol L— 34 



256 HISTORY OF CONGRESS. 



Crap. If. 7 : — i -" 179L 



1st pontes, was referred to the committee of the whole bouse, to which had 
beeD committed the bill providing compensations for clerks, mar- 
shals, and jurors. This petition was, on the 25th. referred to H.^ 
Messrs. Gerry. Hartley, and Seney. The following report was p *° "** 
made on the 3d of March, and agreed t: House: — *- 7 L - ■-'*■ 

M That the petition, being unaccompanied with a stated account 
of the petitioners expenses, and the petitioner being absent, the 
committee cannot ascertain, with precision, the amount of his 
claim ; and, therefore, recommend that the further consideration 
of the said petition be deferred until the nest session of Cong: 



ad congress. At the first session of the second Congress, on the 6th of March. 1T92-S& 

— — - Mr. Tucker again presented his petition to the House of Repre- H. Journal, 

sentatives, and itwas referred to Messrs. Sedgwick, Murray, and P* ia9 " 
Baldwin: and Mr. Sedgwick made a report on the - rich 

was ordered to lie on the table. This report was not taken upEp. 66a 
for consideration until the next session: and. on the 1st of Janua- 
ry. 1793. the following resolution was adopted: — 

2d session. " Resolved — That a committee be appointed to prepare and 

Petition of bring in a bill providing for the allowance and payment of 

Tucker. dollars to the said John Tucker, to compensate him for his ex- 
penses and services, and for money paid by him as clerk of the 
Supreme Court of the United States." 

A committee, consisting of Messrs. Sedgwick. Murray, and 
Baldwin, was then appointed. And on the 2d, Mr. Sedgwick Id. p. 661. 

[H.B.213.] presented a bill to compensate John Tucker, which was read 
the first and second time, and committed to a committee of 
the whole house. The bill was considered in committee of the 
whole, on the ISth of January, when it was reported with an W-p. :"\ 
amendment, which was agreed to by the house: and the bill ^^ 
was ordered to be engrossed for the third reading. On the 21st, id. p. 693. 
the bill was recommitted to a con of the whole house; 

and was again taken up in committee on the 6th of February, 
when it was again reported with an amendment, which was 
agreed to by the house. The bill was then read the third time; 
and. on the question, that it do pass, it was determined in the 

ed. negative. So the bill was rejected. 



HISTORY OF CONGRESS. 267 



Chap. II. The Constitution— Laws to carry into Effect, &c. 1791. 



S&Mwn 88, ® N ^ e 25t ^ °^ J anuar y» 1791, a petition was presented to the H. Journal, 

House of Representatives from Alexander Contee Hanson, pray- P* 362 * 
Petition ing compensation for expenses incurred in consequence of an ap- 
HAjrsoa. pointment of the late Congress; which was referred to the secre- 
tary of the treasury. 



2d congress. The report of the secretary of the treasury on this petition 1792. 
s was received by the house on the 30th of April, 1792, and was H. Journal, 

then ordered to lie on the table. And, on the 4th of February, P- 592 - 689 * 
1793, the house proceeded to consider this report, and adopted 
the following resolution : — 

2d session. " Resolved — That the accounting officers of the treasury be 
Resolution authorized to liquidate and pay the account of Alexander Con- 
of house. j- ee Hanson, for travelling expenses and attendance at New 
York, as one of the judges appointed by the general government 
to determine a controversy between the states of South Carolina 
and Georgia, which was, without his knowledge, compromised ; 
and that the allowance be the same as that provided by law for 
the travelling expenses and attendance of the present members 
of Congress." 

It was then ordered that Messrs. Mercer, Page, and Sturges, 
[H.B.225.] prepare and bring in a bill pursuant to this resolution. On the id. p. 690. 
5th, Mr. Mercer, from this committee, presented a bill to make 
compensation to Alexander Contee Hanson; which was then 
read the first and second time, and committed to a committee of 
the whole house. The bill was considered in committee of the 
whole on the 13th of February, when several amendments were id. p. 701. 
reported, which were agreed to by the house; and the question 
being then on the engrossment of the bill for the third reading, 
Bill reject- it was decided in the negative. * 

ed - So the bill was rejected. 



ist congress. In reference to the times and places of holding the United 1790. 

'— States Courts, several acts of Congress were passed during the h. Journal, 

Altering first term of the administration of General Washington. P* 206, 

hSdbguf 0n the 30th of A P ri1 ' 1790 > leave was g iven b y the House of 
s. courts. Representatives to bring in a bill, or bills, to alter one of the 

Pennsylva- places of holding District Courts in Pennsylvania ; and Messrs. 

Boudinot, Scott, and Seney, were appointed for that purpose. It 



268 HISTORY OF CONGRESS. 



CflLLP. II. The Constitution— Law? to cany into Effect. &£. 



lEtcongress. does not appear that any report was made by this committee. 

' On the 7th of Aveaat, a bill for altering the times ofboMne Ike 5. F i mI , 

• n 204.^05 

Soutli Ca- courts in South Carolina and Georgia was read twice, and on P -6 "^ 
rolina, and ^ e 9th, was passed by the Senate. In the House of Represen- H. Journal, 
tatives the bill received its first and second reading, was amend- p ' 29 °' 
ed in committee, and passed on the same day. And the Senate s. Journal, 
immediately concurred in the amendment of the House. The P- 206 ' 
amendment was a provision that the District Court of Pennsyl- 
vania shall, in future, be held in the city of Philadelphia, only, 
and an addition to this effect was made to the title. 



aj congress. On the 20th of March, 1792, Mr. Johnston obtained the una- 179ft 

1st Session. 



nimous consent of the Senate for the introduction of a bill to al- s. journal, 
Circuit ter the times of holding certain of the Circuit Courts of the p ' "' °' 
apportion- United States; and the bill having been introduced, was then 
ment of la- read a first and second time, and referred to Messrs. Johnston, 
mong the Sherman, and Strong, with an instruction to the committee u to 
judg-es. bring in a clause to establish such rotation in the attendance of 
the judges at the Circuit Courts as may best apportion the bur- 
den, and not impede the discharge of the duties of their office." 
From this committee, Mr. Johnston, on the following day, report- 
ed several amendments to the bill, which were agreed to; and, on 
the 22d, being amended, the bill was read a third time and Id. p. 414. 
passed. In the House of Representatives, the bill was read a H. Journal, 
first time on the 23d of March. It received its second reading. p ' ' 
and was committed to a committee of the whole on the 24th. Id- p 



547. 



The bill was passed through the committee on the 7th of April, 
and was reported without amendment. And, on the 9tb. being id.p.569— 
amended in the House, it received its third reading, and was ' 
passed. The amendments of the House were concurred in by s. Journal, 
the Senate on the 10th of April. * P^ 

sd session. Agreeably to notice given on the preceding day, Mr. Bradlev. 1793. 
Courts in 0D tne lst °f February, 1793, brought into the Senate a bill, s. Journal, 
Vermont « f or alteiing the time and place of holding the Circuit Court in P 
Carolina. tne district of Vermont;*' which was then read a first time. 

The bill was read a second time, and committed to Messrs. Ru- Id. p. 482. 
therford, Brown, and Bradley, on the Sth, and on the 23d. sun- 
dry amendments were reported by this committee and agreed to. 
The bill was further amended on the 25th, and was passed with 
the following title — " An act for altering the places of holding 



HISTORY OF CONGRESS. 269 



CHAP. II. The Constitution— Admission of Kentucky. 1793. 



2d congress, the Circuit Courts in the district of Vermont and North Caroli- 

2d Session, 

~" na, and for other purposes." In the House of Representatives, H. Journal, 

the bill received its first and second reading, and was committed p ' 

to a committee of the whole house. On the 25th, several amend- id. p. 720. 

ments to the bill were made in committee on the 27th, which 

were agreed to by the house, and the bill, with the amendments, 

was then recommitted to Messrs. Livermore, Sedgwick, and B. 

Bourne. Mr. Livermore, on the 28th, reported several amend- Id. p. 723. 

merits, which were agreed to; and the bill was read a third 

time and passed, with the title so modified as to read — " An act 

to alter the times and places of holding the Circuit Courts in the 

Eastern district, and in North Carolina, and for other purposes." s. Journal, 

The Senate, on the same day, concurred in the amendments. p * 499 * 



1st Congress. The legislative proceedings concerning the admission of Kentucky and Vermont 1790. 
ession - - to be states of the Union, are subjoined to this chapter. 

Admission In the message of the President to the two houses, at the 
tuck Ken " °P enm g °f tne tmi "d session of the first Congress, the following 
sentence occurs: — 

" Since your last sessions, I have received communications, by 
which it appears, that the district of Kentucky, at present a part 
of Virginia, has concurred in certain propositions contained in a 
law of that state; in consequence of which, the district is to 
become a distinct member of the Union, in case the requisite 
sanction of Congress be added. For this sanction, application is 
now made," &c. 

On the 9th of December, the President transmitted to the 
two houses the following papers connected with the subject : — 

" Danville, October 4th, 1790. 
<{ Sir: By order of convention, I now enclose to you a copy g, journal 
of the resolutions of convention, respecting the separation of the p. 219, 220. 
district of Kentucky from the state of Virginia, and their address ^'/^at*' 
to the President and Congress of the United States. 
" I have the honour to be, &c. 

" George Meeter, 
" President of the Convention. 
" The President of the United States." 

"District of Kentucky, to wit: 
Resolu- " ^ n Convention, July 28th, 1790. 

tions and " Resolved — -That it is expedient for, and the will of, the good 
ofKentuc- P eo P* e °f tne district of Kentucky, that the same be erected into an 
kv. 



270 HISTORY OF CONGRESS. 



CHAP. II. The Constitution— Admission of Kentucky. 1790. 



1st congress, independent state, on the terms and conditions specified in an act 

" of the Virginia assembly, passed the ISth day of December, 1759. 

Resolu- en titled c An act concerning; the erection of the district of Ken- 
bons and ° 

memorial tucky into an independent state.' 

of Kentuo „ 'Resolved— That we, the representatives of the people of 
Kentucky, duly elected in pursuance of an act of the legislature 
of Virginia, passed the ISth day of December, 1789, entitled 
< An act concerning the erection of the district of Kentucky into 
an independent state,' and now met in convention, having, with 
full powers, maturely investigated the expediency of the pro- 
posed separation on the terms and conditions specified in the 
above recited act, do, by these presents* and in behalf of the 
people of Kentucky, accept the terms and conditions, and do 
declare that, on the 1st day of June, 1792, the said district of 
Kentucky shall become a state separate from, and independent 
of, the government of Virginia, and that the said articles become 
a solemn compact binding on the said people.''' 

" To the Presiderd, and the Honourable the Congress of the U 
States of America : — 

li The memorial of the representatives of the people of Ken- 
tucky, in convention assembled, pursuant to an act of the legis- 
lature of Virginia, passed the ISth of December, 17S9, entitled 
■ An act concerning the erection of the district of Kentucky into 
an independent state.' humbly showeth, — 

" That the inhabitants of this country are warmly devoted to 
the American Union, and as firmly attached to the present hap- 
py establishment of the federal government, as any of the citi- 
zens of the United States. 

*•' That, migrating from thence, they have, with great hazard 
and difficulty, effected their present settlements. The hope of 
increasing numbers could alone have supported the early adven- 
turers under these arduous exertions. They have the satisfac- 
tion to find that hope verified. At this day, the population and 
strength of this country render it fully able, in the opinion of 
your memorialists, to form and support an efficient domestic go- 
vernment 

"The inconveniences resulting from its local situation, as a 
part of Virginia, at first but little felt, have, for some time, been 
objects of their most serious attention, which occasioned appli- 
cation to the legislature of Virginia for redress. 

" Here your memorialists would acknowledge, with peculiar 
pleasure, the benevolence of Virginia in permitting them to re- 



HISTORY OF CONGRESS. 271 



Chap. II. The Constitution— Admission of Kentucky. 1790. 



1st congress, move the evils arising from that source, by assuming upon them- 

3d Session. . ', 

selves a state of independence. 

tions^and " ^ ms ^ ev ^ ave tnou g nt expedient to do, on the terms and 
memorial conditions stipulated in the above recited act, and fixed on the 
of Kentuc- £ rgt ^ Q £ j une> 1793, as the period when the said indepen- 
dence shall commence. 

" It now remains with the President and the Congress of the 
United States to sanction these proceedings, by an act of their 
honourable legislature, prior to the first day of November, 1791, 
for the purpose of receiving into the federal Union, the people 
of Kentucky, by the name of the State of Kentucky. 

" Should this determination of your memorialists meet the 
approbation of the general government, they have to call a con- 
vention to form a constitution, subsequently to the act of Con- 
gress, and prior to the day fixed for the independence of this 
country. 

* When your memorialists reflect on the present comprehen- 
sive system of federal government, and when they also recollect 
the determination of a former Congress on this subject, they are 
left without a doubt that the object of their wishes will be ac- 
complished. 

" And your memorialists, as in duty bound, shall for ever pray. 

u George Meetee, Pr. 
"•fittest, Thomas Todd, Clerk of the Convention" 

The papers were ordered by the House of Representatives to 
Referredto lie on the table. In the Senate, on the 14th of December, s. Journal, 
b^enate 6 Messrs. Schuyler, Monroe, and Johnson, were appointed a com- P- 222 - 

mittee to consider and report upon the subject. And on the 3d id. p. 228, 
of January, 1791, Mr. Schuyler, from this committee, made the 229# 
following report: — 

Report. " That it appears to the committee, that the General Assem- 1791. 
bly of the commonwealth of Virginia, did, (upon the application 
of the inhabitants residing in the district of Kentucky^ part of 
the commonwealth of Virginia, to be separated therefrom, to the 
intent that the said district might become an independent state, 
and a member of the union of the United States of America,) by 
act of the legislature, passed on the eighteenth day of December, 
1789, entitled, < An act concerning the erection of the district of 
Kentucky into an independent state;' assent to the independence 
of the said district, on certain conditions stipulated and contained 
in the said act, a printed copy whereof is hereby submitted. 
" That it appears from the papers referred to the consideration 



278 HISTORY OF CONGRESS. 



Chap. II. The Constitution— Admission of Yermont. 1791. 



1st congress, of the committee, that a convention of deputies from the several 

M Session. . r 

counties in the said district was held in conformity to the said 
port act, which, in the name and on behalf of the people whom they 
represented, declared it as the will of the said people to be erect- 
ed into an independent state, on the terms and conditions speci- 
fied in the said act of the commonwealth of Virginia. 

" That by the memorial of the said convention to Congress, 
bearing date the 2Sth of July, 1790, praying to be received into 
the federal Union, by the name of the state of Kentucky, it is 
declared that the people of the said district ' are as warmly de- 
voted to the xVmerican Union, and as firmly attached to the pre- 
sent happy establishment of the federal government, as any of 
the citizens of the United States. ' 

66 That from such information as the committee have been 
able to procure, the inhabitants resident in the said district are 
suificiently numerous for all the purposes of an independent state. 

" That from these facts, the committee have concluded that 
it would be proper for Congress to consent that the said district 
should become an independent state, and admitted as a member 
of the United States of America, and that a bill should be pre- 
pared for that purpose." 

This report was accepted, and the committee were ordered to s. Journal, 

prepare a bill accordingly. A bill was reported and received P- 231 * 252 - 

its first and second reading on the 4th of January. The bill was 

BUI passed considered on the 5th, the 7th, and the 12th. It was then passed, 

by the Se- ^.^ tne following title: u An act declaring the consent of Con- 
nate, ° ... 

gress that a new state be formed within the jurisdiction of the 

commonwealth of Virginia, and admitted into the Union, by the 

name of the state of Kentucky." On the 12th and 13lJh, the H. Journal, 

bill was read a first and second time, and committed to a commit- p " 00 °" 

tee of the whole house, in the House of Representatives. On 

And by the the 2Sth of January, the bill was considered in committee of the id. p. 366, 

House. whole, reported without amendment, and passed. 



Admission Concerning the admission of the state of Vermont, the fol- 
lowing documents appear on the Journals of Congress. 



rr.cr.:. 



On the 9th of February, 1791, the following message was 
transmitted by the President of the United States to the two 
houses: — 

" United States, February 9th, 1791. S. Journal, 

•• Gentlemen of the Senate, and House of Representatives: — P- 2n ~ 

Message. " I nave received from the governor of Vermont, authentic H. Journal, 

documents expressing the consent of the legislatures of New L41& ' " 



HISTORY OF CONGRESS. 273 



CHAP. II. The Constitution— Admission of Vermont. 1791. 



1st congress. York, and of the territory of Vermont, that the said territory 

shall be admitted to be a distinct member of our Union; and a 

memorial of Nathaniel Chapman and Lewis R. Morris, commis- 
sioners from the said territory, praying the consent of Congress 
to that admission, by the name and style of the State of Vermont; 
copies of which I now lay before Congress, with whom the Con- 
stitution has vested the object of these proceedings. 

" G. Washington. 

Act of New u The people of the state of New York, by the grace of God, 
York. f ree anc j independent: 

" To all to ivhom these presents shall come, greeting: 

" Know ye, that we, 'having inspected the records remaining 
in our secretary's office, do find there a certain original act, in 
the words and figures following; to wit: "An act appointing 
commissioners with power to declare the consent of the legis- 
lature of this state, that a certain territory, within the jurisdic- 
tion thereof, should be formed or erected into a new state. * Be 
it enacted, by the people of the State of New York, represented in 
Senate and Assembly, and it is hereby enacted by the authority of the 
same — That Robert Yates, Robert R. Livingston, John Lansing, 
jr., Gulian Verplanck, Simeon De Witt, Egbert Benson, Richard 
Sill, and Melancton Smith, shall be, and hereby are, appointed 
commissioners, with full power to them, or any four or more of 
them, in their discretion, as they shall judge the peace and in- 
terest of the United States in general, and of this state in parti- 
cular, to require the same, and on such terms and conditions, and 
in such manner and form as they shall judge necessary and pro- 
per, to declare the consent of the legislature of this state, that 
such district or territory within the jurisdiction, and in the north- 
eastern and northern parts thereof, as the said commissioners 
shall judge most convenient, shall be formed and erected into a 
a new state; and with further full power to treat, conclude, and 
agree, with any person or persons, or any assemblies or bodies 
of people, touching the premises, or touching the ceding or re- 
linquishing the jurisdiction of this state over such district or ter- 
ritory, or touching the securing or confirming of rights, titles, or 
possessions, of land within such district or territory, held or 
claimed under grants from the state of New Hampshire, while 
a colony, or under grants, sales, or locations, made by the au- 
thority of the government or jurisdiction now existing and ex- 
ercised in the north-eastern parts of this state, under the name 
Vol. I.— 35 



274 WMB W 



CHAP.IL .:_k :■ -■■■-. ..: -— .'. :i_.=i. ■-.::'■'--:-. 1~ : 1 



:: r.'/'.i ::' ~.':.z v.::e ::' Vt :-:.-.:. ;~::i5: -erf:- 5 :'ilz:;iz *.he 
f::re .::: 5 /..iier z~ir.*.5 :".-; — :':.'.$ =::;e. '•"■''. he i ::".;-t. :: <h~:e 
^^^ Ncv tbe independence thereof: and every act of foor or more of 
the commissioners hereby appointed, in the execution of the 
powers aforesaid, shall be as effectual to every purpose, as if the 
same were an immediate act of the legislature of this state: Pro- 
vided such grants, sales, or locations, by or under Vermont, 
do not extend to the westward of the towns granted, located, or 
occupied, under the late colony of New Hampshire, which lay 
in that part of the country aforesaid, between the north boon- 
:"::~ ::" :he : :~~ :-~e:hh:, ::' Vh5>::h-5e::5. ::i::i:ii :::~ 
the north-west corner thereof, towards Hudson's river, and a pa- 
rallel line extended eastward from the point of land where Fort 
Edward formerly stood, until it meets with tbe west bounds of 
any of the said granted, located, or occupied towns. Ami be it 
further enacted, by the authority aforesaid— That, whatever stipu- 
lations shall be made, by the commissioners appointed by this 
act, with any person or persons, or any assemblies or bodies of 
people, touching tbe premises, or touching the ceding or relin- 
quishing the jurisdiction of this state over such district or terri- 
tory, or touching the securing of rights, titles, or possessions, of 
lands within such district, for a compensation for extinguishing 
the :'.y.::.s :: !;z:s ~::h:i s::h z.yS.ys. is ler>ei Jzier h:e 
late colony of New York, shall be for the use of such claimants, 
although in such stipulations such compensation should be de- 
clared to be for the use of this state, or for the people thereof: 
and that nothing in this act contained shall be intended or 
s'.zi-zl '.: z~. i'.j f-:h :.-~:i: :.-y :.;>.: :: izy :'jrh:e: 
pensation whatsoever from this state, other than such 
tion which may be so stipulated as aforesaid. And be it further 
enacted by the authority aforesaid— -That the act, entitled ' An act 
appointing commissioners, with power to declare the consent of 
the legislature of the state of New York, that a certain territory 
within the jurisdiction thereof should be formed or erected into 
a new State,' passed the sixteenth day of Jury, in the year one 
thousand seven hundred and eighty-nine, shall be, and hereby is, 
re pea left. 

"A humify, WUrmury 3D, mO. 

The bill having been read tbe third time, 
the bill do pass. 

" By order of the Assembly. 

.lias VsmrLAjrcK, 



HISTORY OF CONGRESS. 275 



CHAP. II. The Constitution— Admission of Vermont. 1791. 



1st Congress. " State of New York, 

M Session ' « In Senate, February 27, 1790. 

York fNeW " The biU havin S been read the third time > Resolved— That 
the bill do pass. 

" By order of the Senate. 

" Isaac Roosevelt, 
" President pro hac vice. 



>? 



" In Council of Revision, 6th of March, 1790. 
" Resolved — That it does not appear improper to the council, 
that this bill, entitled * An act appointing commissioners with 
power to declare the consent of the legislature of this state, that 
a certain territory within the jurisdiction thereof, should be 
formed or erected into a new state,' should become a law of the 
state. 

u Geo. Clinton-. 

" All which we have exemplified by these presents. In testi- 
mony whereof, we have caused these our letters to be made pa- 
tent, and the great seal of our said state to be hereunto affixed. 
Witness our trusty and well beloved George Clinton, esq., gover- 
nor of our said state, general and commander-in-chief of all the 
militia, and admiral of the navy of the same, at our city of New 
York, the first day of February, 1791, and in the fifteenth year 
of our independence. 

" Geo. Clinton. 

Passed the Secretary's office, 2d Feb. 1791. 
Robert Harper, Dep. Secretary" 

" To all to whom these presents shall come : — 

" Be it known — That Robert Yates, John Lansing, jr., Gulian 
Verplanck, Simeon De Witt, Egbert Benson, and Melancton 
Smith, commissioners, appointed by an act of the legislature of 
the state of New York, entitled ' An act appointing commission- 
ers, with power to declare the consent of the legislature of this 
state, that a certain territory within the jurisdiction thereof, 
should be formed into a new state,' passed the sixth day of March 
last, do hereby, by virtue of the powers to them granted for the 
purpose, declare the consent of the legislature of the state of 
New York, that the community now actually exercising indepen- 
dent jurisdiction as the state of Vermont, be admitted into the 
Union of the United States of America ; and that immediately 
from such admission, all claim of jurisdiction, of the state of New 
York, within the state of Vermont, shall cease ; and thenceforth, 
the perpetual boundary line, between the state of New York 



276 HISTORY OF CONGRESS. 



CHAP. II. The Constitution— Admission of Vermont. 1791. 



1st congress, and the state of Vermont, shall be as follows; namely : Beginning 

at the north-west corner of the state of Massachusetts; thence, 

York. NCW westward, along the south boundary of the township of Pownal, 
to the south-west corner thereof; thence, northerly, along the wes- 
tern boundaries of the townships of Pownal, Bennington, Shafts- 
bury, Arlington, Sandgate, Rupert, Pawlett, Wells, and Poult- 
ney, as the said townships are now held or possessed, to the river 
commonly called Poultney river; thence, down the same, through 
the middle of the deepest channel thereof, to East Bay; thence 
through the middle of ihe deepest channel of East Bay, and the 
waters thereof, to where the same communicate with Lake Cham- 
plain; thence, through the middle of the deepest channel of Lake 
Champlain, to the eastward of the islands called the Four Brothers, 
and the westward of the islands called Grand Isle and Long Isle, or 
the Two Heroes, and to the westward of the Isle La Motte, to the 
forty-fifth degree of north latitude. And the said commissioners do 
hereby declare the will of the legislature of the state of New 
York, that, if the legislature of the state of Vermont shall, on or 
before the first day of January, in the year one thousand seven 
hundred and ninety-two, declare, that the state of Vermont shall, 
on or before the first day of June, in the year one thousand se- 
ven hundred and ninety-four, pay, to the state of New York, the 
sum of thirty thousand dollars, that immediately from such de- 
claration by the legislature of the state of Vermont, all rights 
and titles to lands within the state of Vermont, under grants from 
the government of the late colony of New York, or from the 
state of New York, except as hereinafter excepted, shall cease ; 
or, if the legislature of the state of Vermont shall not elect to 
make such declaration, then, that, except in cases where the 
grants from New York were intended as confirmations of grants 
from New Hampshire, all rights and titles under grants from the 
government of the late colony of New York, or from the state of 
New York, to lands within the state of Vermont, which may 
have been granted by the government of the colony of New 
Hampshire, shall cease, and the boundaries, according to which 
such grants from the government of the late colony of New 
Hampshire have been held or possessed, shall be deemed to be 
the true boundaries. And (he said commissioners do hereby fur- 
ther declare the will of the legislature of the state of New York, 
that all rights and titles to lands within the state of Vermont, un- 
der grants from the government of the late colony of New York, 
or from the state of New York, and not granted by the govern- 
ment of the late colony of New Hampshire, shall be suspended 
until the expiration of three years after the governor of (he 



HISTORY OF CONGRESS. 277 



Chap. IT. The Constitution— Admission of Vermont. 1791. 



1st congress, state of Vermont, for the time being, shall have been notified that 

3d Session. ° 

a commissioner, to be appointed by the state of New York, after 
York. CW * ne fi rs * ^ a y °f J anuar y> m the year one thousand seven hun- 
dred and ninety-two, and to reside and hold a public office at the 
city of Albany, shall have entered upon the execution of his 
office. And if, within one year after such notification, there shall 
be delivered to such commissioner, either the original or a certi- 
fied abstract, containing the date, the names of the grantees, and 
the boundaries of a grant from New York; and if, thereupon, at 
any time before the expiration of the said term of three years 
above mentioned, there shall be paid to such commissioner at 
the rate of ten cents per acre for the whole, or any parcel of the 
lands contained in such grant from New York, all right and title 
under such grant shall, in respect to the lands for which payment 
shall so be made, cease ; and a receipt, under the haad and seal 
of such commissioner, specifying the land for which payment 
shall be made, shall be evidence of the payment; and, in default 
of delivering the original, or such certified abstract of the grant 
to the commissioner, within the said term of one year, for that 
purpose above limited, all right and title under the grant, in re- 
spect of which there shall be such default of delivery, shall 
cease ; but, where the original or certified abstract of the grant 
shall be duly delivered to the commissioner; and if, thereupon, 
payment shall not be duly made to the commissioner, the right 
and title under the grant, in respect to the lands for which pay- 
ment shall not be made, shall remain ; and suits for the recovery 
of such lands may be prosecuted in the ordinary course of law : 
Provided the suit be commenced within ten years after the 
state of Vermont shall have been admitted into the Union of the 
United States; otherwise the right and title, under the grant from 
New York, shall in such case also cease. In testimony whereof, 
the said commissioners have hereunto set their hands, and affixed 
their seals, the seventh day of October, in the fifteenth year of 
the independence of the United States of America, 1790. 

Egbert Benson, 
Witnesses. Gulian Verplanck, 

Richard Varick, Robert Yates, 

Alexander Hamilton, Melancton Smith, 

Samuel Jones, Simeon De Witt, 

Robert Benson, John Lansing, jr. 

" An Act directing the payment of thirty thousand dollars to the State 
of New York, and declaring what shall be the boundary line be- 



HISTORY OF C 






ht o^ew B. txeen ihe State of Vermont and State of Xew York, and declaring 

certain grants therein mentioned, extinguished. 
feUfNev ^ 

nmh. • Whereas Robert Yates, John Lansing, jonior, Gnlian ' 

planck, Simeon De Wilt, Egbert Benson, and Melaneton Smith, 
esquires, comm ; appointed by an act of the legislature of 

the state of New Y::k. entitled, 'An act appomting commission- 
ers with power to declare the consent of the legislature of the 
state of New York that a certain territory within the jurisdic- 
tion thereof, should be formed into a new state;' passed the fifth 
day of March, in the year of our Lord one thousand seven hun- 
dred and ninety, did, by their certain acts, on the seventh day 
of October instant, s: New York, by virtue of the powers to 
them granted for that purpose, among other things, declare the 
consent of the legislature of the state of New York, that the state 
of Vermont be admitted into the Union of the United States of 
America; and that immediately from such admission, all claims 
of jurisdiction of the state of > :k, within the state of V e r - 

mont, should cease, and thenceforth the perpetual boundary line 

be as follows; namely: Beginning at the north-west corner of 
the state of Massachusetts; thence westward along the south 
boundary of Pownal, to the north-west corner thereof; thence, 
northerly, along the western boundaries of the townships of 
Pownal, Bennington, Shaftsbury, Arlington, Sandgate, Rupert, 
Pawlett, Wells, and Poultney, as the said townships are now 
held or possessed, to the river commonly called Poultney ri~ 
thence down the same, through the middle of the deepest chan- 
I thereof, to East Bay; thence through the middle of the 
deepest channel of East Bay and the waters thereof, to where 
the same communicate with Lake Champlain; thence through 
the middle of the deepest channel of Lake Champlain, to the 
:;. :: '.. . :■ ::'.: .:. :".» ::.'.'. : : -..-.-: 7 :.: I: ::. r: ; . :./.:". \..i ir- 

ward of the islands called the Grand Isle and Long Isle, or the 
o Heroes, and to the westward of the Isle La Motte, to the 
forty-f.f:h degree of north latitude. And the said commission - 
:e of the powers to them granted, did declare the 
will of the legislature of the state of New York, that if the legis- 
lature of the state of Vermont should, on or before the first day 
of January, one thousand seven hundred and ninety-two, declare, 
that, on or before the first day of June, one thousand seven hun- 
dred and ninety-four, the said state of Vermont would pay to 
the state of New York the sum of thirty thousand dollars, that, 



HISTORY OF CONGRESS. 279 



CHAP. II. The Constitution— Admission of Vermont. 1791. 



1st congress, immediately from such declaration by the legislature of the state 

: — ~ of Vermont, all rights and titles to lands within the state of Ver- 

Ytfk W mont, under grants from the government of the late colony of 
New York, or from the state of New York, except as is therein 
excepted, should cease: wherefore, 

" It is hereby enacted, by the General Assembly of the State 
of Vermont — That the state of Vermont shall, on or before the 
first day of June, one thousand seven hundred and ninety-four, pay 
the state of New York thirty thousand dollars; and the treasurer of 
this state, for and in behalf of this state, and for the purposes men- 
tioned in the act of the commissioners aforesaid, shall pay to the 
state of New York, the sum of thirty thousand dollars, on or 
before the first day of June, one thousand seven hundred and 
ninety-four. And it is hereby further enacted — That the said 
line, described in the said act of the said commissioners, shall, 
henceforth, be the perpetual boundary line between the state of 
Vermont and the state of New York; and all grants, charters, or 
patents of land, lying within the state of Vermont, made by or 
under the government of the late colony of New York, except 
such grants, charters, or patents, as were made in confirmation 
of grants, charters, or patents, made by or under the govern- 
ment of the late province or colony of New Hampshire, are 
hereby declared null and void, and incapable of being given in 
evidence in any court of law within this state." 

" State of Vermont, Secretary's Office, 

" Bennington, January 21, 1791. 

" The preceding is a true copy of an act, passed by the legisla- 
ture of the state of Vermont, the twenty-eighth day of October, 
in the year of our Lord one thousand seven hundred and ninety. 
" Attest, Roswell Hopkins, Secretary of State." 

« An act to authorize the people of this State to meet in Con- 
vention, to deliberate upon, and agree to, the Constitu- 
tion of the United States. 

" Whereas, in the opinion of this legislature, the future inte- 
rest and welfare of this state render it necessary that the Consti- 
tution of the United States of America, as agreed to by the con- 
vention at Philadelphia, on the 17th day of September, in the 
year of our Lord one thousand seven hundred and eighty-seven, 
with the several amendments and alterations, as the same has 
been since established by the United States, should be laid be- 
fore the people of this state, for their approbation: 



280 HISTORY OF CONGRESS. 



CHAP. II. The Constitution— Admission of Vermont. 1791. 



1st Congress. " It is hereby enacted, by the General Assembly of the State of Ver- 

" — "~ mont — That the first constable in each town shall warn the in- 

mont fVer ' habitants, who by law are entitled to vote for representatives in 
General Assembly, in the same manner as they w T arn freemen's 
meetings to meet in their respective towns, on the first Tuesday 
of December next, at 10 o'clock in the forenoon, at the several 
places fixed by law for holding the annual elections; and, when 
so met, they shall proceed, in the same manner as in the election 
of representatives, to choose some suitable person from each 
town, to serve as a delegate in a state convention, for the pur- 
pose of deliberating upon, and agreeing to the Constitution of 
the United States, as now established. And the said constable 
shall certify to the state convention the person so chosen in 
manner aforesaid; and, 

" It is hereby enacted, by the authority aforesaid — That the persons 
so elected to serve in state convention, as aforesaid, do assemble 
and meet together on the first Thursday of January next, at Ben- 
nington, in the county of Bennington, then and there to deli- 
berate upon the aforesaid Constitution of the United States, and, 
if approved of by them, finally to assent to, and ratify the same, 
in behalf and on the part of the people of this state, and make 
report thereof to the governor of this state for the time being, 
to be by him communicated to the President of the United 
States, and the legislature of this state." 

" State of Vermont, Secretary's Office, 

" Bennington, January 21, 1791. 
" The preceding is a true copy of an act passed by the legis- 
lature of the state of Vermont, the twenty-seventh day of Oc- 
tober, in the year of our Lord one thousand seven hundred and 
ninety. 

" Attest^ Roswell Hopkins, Secretary of State." 

" In Convention of the Delegates of the People of the State of 
Vermont : 

" Whereas, by an act of the commissioners of the state of 
New York, done at New York, the seventh day of October, in 
the fifteenth year of the independence of the United States of 
America, and in the year of our Lord one thousand seven hun- 
dred and ninety, every impediment, as well on the part of the 
state of New York as on the part of the state of Vermont, to 
the admission of the state of Vermont into the Union of the 
United States of America, is removed, in full faith and assurance 
that the same will stand approved and ratified by Congress: 



HISTORY OF CONGRESS. 281 



Chap. II. The Constitution— Admission of Vermont. 1791. 

istcongress. " This convention having impartially deliberated upon the 
Constitution of the United States of America, as now established, 

mont. fVer " su bmi tted to us by an act of the General Assembly of the state 
of Vermont, passed October twenty-seventh, one thousand seven 
hundred and ninety, do, in virtue of the power and authority 
to us given for that purpose, fully and entirely approve of, as- 
sent to, and ratify, the said Constitution; and declare that, imme- 
diately from and after this state shall be admitted by the Con- 
gress into the Union, and to a full participation of the benefits 
of the government now enjoyed by the states in the Union, the 
same shall be binding on us, and the people of the state of Ver- 
mont, for ever. 

" Done at Bennington, in the county of Bennington, the tenth 
day of January, in the fifteenth year of the independence 
of the United States of America, one thousand seven 
hundred and ninety-one. In testimony whereof, we have 
hereunto subscribed our names. 

" Thomas Chittenden, President 
" Signed by one hundred and five members: dissented, four. 
" Attest, Roswell Hopkins, Secretary of Convention." 

" State of Vermont, Secretary's Office, 
"Bennington, January 21, 1791. 
" The preceding is a true copy of the original act of the con- 
vention of the state of Vermont, done at Bennington, the tenth 
day of January, one thousand seven hundred and ninety-one. 
"Attest, Roswell Hopkins, Secretary of State" 

" By his Excellency, Thomas Chittenden, Esq., Captain Gene- 
ral, Governor, and Commander-in-chief, in and over the State 
of Vermont 
" This certifies that Roswell Hopkins, Esq., is secretary to 
the state of Vermont, and that all due faith and credence ought 
to be given to attestations by him officially made. 

" In testimony whereof, we have caused the seal of this state 
to be affixed, in council, this twenty-second day of Janu- 
ary, one thousand seven hundred and ninety-one. 

" Thomas Chittenden. 
" By his Excellency's command. 
"Joseph Fay, Secretary." 

"Bennington, January 22, 1791. 
" Sir: I have the honour to transmit to you copies of two acts 
of the legislature of this state: the one directing the payment of 
Vol. I.— 36 



H HISTORY OF CONG 



Cltf.IL T.ji ::i;-.. ::■.. :z—A:-:?s . : :. : :' "?:-■:-: H9L 



fc>rifrpin. thirtv thousand dollars to the state or New \ ork, and declaring 

:r.e ::.:~-.i7T .-.r.e :::~ee: :r.e = 

New York, and extinguishing certain grants therein mentioned; 
the other, an act authorizing the people of this state to meet in 
convention, to deliberate upon and agree to the Constitution of 
the United States, and also a copy of the proceeding of the eon- 

" This will be delivered by the Honourable Nathaniel Chipman 
and Lewis R. Morris, Esquires, who are appointed commissioners 
to apply to the Congress of the United States for the admission 
of this state into the Union, whom I beg to recommend to your 

favourable notice. 

u I have the honour to be, &c 

7 :-: : : ; S C HATXKADEV. 

The President of the United State* 

" By his Excellency Thomas CmTTETDEV. Esq^ Captain Gene- 
ral, Governor, and Commander-in-chief in and oser the State of Fer- 



i, . r ; _ ~z 



" To the Honourable Nathaxiel Chipmax, Esq^ and Lewis R. 
M: ?.?.:=. E::.: r ■-:■-:::- ^: 

•• You being elected by the legislature oi 
sinners to the Congress of the United States; 
mission of the state of Vermont into the Ui 
thorized and empowered to proceed to i 

ed States, now in session at the city of Philadelphia, and 
negotiate on behalf of this state, agreeably to your said appoint- 
ment 

u In testimony whereof, we have caused the seal of this state 
to be affixed, in council, at Bennington, this twenty-fourth 
day of January, one thousand seven hundred and ninety- 
::. v. :..-. i .:. :':.z z:\zz :.:':. ve:r ::" :>.e :ziz~z: izT, := :;" :':.\s 
state. 

" Thomas Chittexei 
u By his Excellency's command, 

The President and Congress of the United States of America. 
"Natha man and Lewis R. Morris, commissioners, 

authorized and appointed by the state of Vermont, most respect- 
ful ly represent, that the citizens of that state, having shared in 
common with those of the other states, in the hazards and burdens 
of establishing the American revolution, have long anxiously de- 
sired to be united with them under the same general government: 



HTSTOKY OF CONGRESS- 283 



Chap. I. The Constitution— Admission of Vermont. 1791. 



istcongress. They have seen, with great satisfaction, a new and more perfect 

" union of the people of America, and the unanimity with which 

they have recently approved the national Constitution, manifests 

their attachment to it, and the zeal with which they desire to 

participate its benefits. 

" Questions of interfering jurisdiction between them and the 
state of New York, have heretofore ^delayed this application: 
These points being now happily adjusted, the memorialists, on 
behalf of their constituents, most respectfully petition, that the 
Congress will consent to the admission of the state of Vermont, 
by that name and style, as a new and entire member of the 
United States. 

" They have the honour to accompany this memorial with 
such papers and documents as have relation to the same; and, 
with the highest deference for the wisdom of Congress, the me- 
morialists repeat their solicitations, that during their present ses- 
sion, they would be pleased to adopt such measures as will in- 
clude within the national government a people zealous to support 
and defend it. 

" Nathaniel Chipman- 

" Lewis R. Morris. 
"Philadelphia, February 7, 1791." 

Committee In the Senate, this message and the accompanying documents g. Journal, 
report bill. were re ferred to Messrs. King, Monroe, Ellsworth, Langdon, P- 246 - 
and Hawkins, to consider and report what is proper to be done 
thereon. And in the House of Representatives, the subject was 
referred to Messrs. Lawrance, Boudinot, and Carroll. On the 
10th of February, Mr. King reported to the Senate a bill as fol- Id. p. 247. 
lows: — 

"An Act for the Admission of the State of Vermont into this Union. 

"Sect. I; The state of Vermont having petitioned the Con- 
gress to be admitted a member of the United States — Be it enact- 
ed, by the Senate and House of Representatives of the United States of 
America, in Congress asembled, and it is hereby enacted and declared — 
That, on the fourth day of March, one thousand seven hundred 
and ninety-one, the said state, by the name and style of the < State 
of Vermont,' shall be received and admitted into this Union, as 
a new and entire member of the United States of America. 

" Sect. 2. And be it further enacted — That, until the representa- 
tives in Congress, shall be appointed, according to an actual enu- 
meration of the inhabitants of the United States, the said state 
shall be entitled to choose two representatives." 



284 HISTORY OF CONGRESS. 



Chap. IT. The Constitution— Admission of Vermont. 1791. 



1st congress. The bill received its first reading; and, on the next day, it was s. Journal, 
— "~ — — — read a second time, the second section having been expunged. p " 
Passed the The bill, as thus amended, passed the Senate on the 12th. On H.joumal, 

Ho n use eand the 12th and 14th ' the biU went throu g h its various stages, and P- 377 > 378 - 
was passed in the House of Representatives. 

On the 11th of February, the Senate agreed, by unanimous 

consent, to dispense with the rule, so far as to permit Mr. King, 

Bill regii- at this time, to bring in a bill regulating the number of represen- 

number of ta ^ ves *° De chosen by the states of Kentucky and Vermont. The 

representa- bill was then read a first time, as follows : — 

tives. 

" An Act regulating tlie number of Representatives to be chosen by the 
States of Kentucky and Vermont. 
(l Be it enacted, by the Senate and House of Representatives of the S. Journal, 
United States of America, in Congress assembled — That, until the p ' 
representatives in Congress shall be apportioned, according to an 
actual enumeration of the inhabitants of the United States, the 
states of Kentucky and Vermont shall each be entitled to choose 
two representatives." 

This bill received its first and second readings on the day when H. Journal, 
it was introduced, and was read a third time and passed, on the P°^- 384 - 
following day. On the 12th, it was read twice in the House of 
Representatives ; and was considered in committee of the whole, 
and passed, on the 19th. 
Bill to give On the 14th of February, the house appointed Messrs. Sedg- id. p. 378. 
f ffect f u° w ^ c k' Benson, and Sturges, to be a committee to prepare and 
S. in Ver- bring in a bill, or bills, to give effect to the laws of the United 
mont States, within the state of Vermont. The bill was introduced by 

Mr. Sedgwick on the 17th, and was then read a first and second id. p. 381. 
time, and committed to a committee of the whole house. On 
the 19th, the bill was considered and amended in committee of id. p. 383. 
the whole, and was passed on the 21st. The bill, as it passed id. p. 385 
the House, was as follows : — 

"An Act giving effect to the Laws of the United Slates, within the State 

of Vermont. 

" Sectioji 1. Be it enacted, by the Senate and House of Repre- 
sentatives of the United States of America, in Congress assembled — 
That from and after the third day of March next, all the laws 
of the United States which are not locally inapplicable, ought to 
have, and shall have, the same force and effect within the state 
of Vermont, as elsewhere within the United States. 

H Sect. 2. And. to the end that the act, entitled ' An act to cs- 



HISTORY OF CONGRESS. 285 



Chap. IT. The Constitution— Admission of Vermont. 1791. 



1st congress, tablish the Judicial Courts of the United States/ may be duly 
— - — "~ administered within the said state of Vermont — 
effect ^to " Be it further enacted — That the said state shall be one district, 
laws of u. to be denominated Vermont district ; and there shall be a District 



S. in Ver- 
mont. 



Court therein, to consist of one judge, who shall reside within the 
said district, and be called a district judge ; and shall hold, an- 
nually, four sessions : the first to commence on the first Monday 
of May next, and the three other sessions, progressively, on the 
like Monday of every third calendar month afterwards. The 
said District Court shall be held, alternately, at the towns of Rut- 
land and Windsor, beginning at the first. 

" Sect. 3. And be it further enacted — That the said district shall 
be, and the same hereby is, annexed to the Eastern circuit ; and 
there shall be held, annually, in the said district, one Circuit 
Court: the first session shall commence on the seventeenth day of 
June next, and the subsequent sessions on the like day of June, 
afterwards ; except when any of the said days shall happen on a 
Sunday, and then the session shall commence on the day following ; 
and the said sessions of the said Circuit Court, shall be held at the 
town of Bennington. 

" Sect 4. And be it further enacted — That there shall be allowed 
to the judge of the said District Court, the yearly compensation 
of eight hundred dollars, to commence from the time of his ap- 
pointment, and to be paid quarter yearly, at the treasury of the 
United States. 

"Sect. 5. And be it further enacted — That allthe regulations, pro- 
visions, directions, authorities, penalties, and other matters what- 
soever, (except as hereinafterwards is expressly provided,) con- 
tained and expressed in and by the act, entitled * An act pro- 
viding for the enumeration of the inhabitants of the United 
States,' shall have the same force and effect within the said state 
of Vermont, as if the same were, in relation thereto, repeated and 
re-enacted in and by this present act 

" Sect. 6. And be it further enacted — That the enumeration of 
the inhabitants of the said state shall commence on the first Mon- 
day of April next, and shall close within five calendar months 
thereafter. 

" Sect. 7. And be it further enacted — That the marshal of the dis- 
trict of Vermont shall receive, in full compensation for all the du- 
ties and services confided to, and enjoined upon him, in and by this 
act, in taking the enumeration aforesaid, two hundred dollars. 

" Sect. 8. And that the act, entitled « An act to provide more 
effectually for the collection of the duties imposed by law on 



,?-;• 



: Ham 



WUL 



II be, in the said 

:ii.Lz :.: J-J„.~zz.-rzz. :i Likf 
tain, which shall be ibe only port of entry or delivery 

\iz 5i.:i :_5:~:;. ::' nj ^:o:f. — iref. :: zi:::::i-:e. z:~ 
UK growth or mann&ctare of the United States." 

Hub bill received its first reading, in tbe Senate, on the 21st s. 
of February. On tbe 22d, it was read a second tine, and on the F^ a 
day following it passed the Senate, with the following 
ment At tbe end of the biD, add, 



-J --■:■:-:. -..--. "■:':• •:— Iz.z :irfi:f:;.:i ::iiiiif-:li :- 

:ii iisui:: ::' 1: -^ :.i. l*ii_ :t. m: is -ererj. ex:eiiri ::■ :ie 
p:r: :: A . .5 : -jj-£ z ' ' 



The Hoitse d Representatives, on Ok 840* umliicJ in this h. 



HISTORY OF CONGRESS. 287 



CHAP. HI. National Revenue— Imposts, and Tonnage Duties. 1789. 



1st Congress. 
1st Session. 



CHAPTER III. 

Tariff Resolutions — Debate concerning" — Bills concerning- Imposts and Tonnage 
Duties — Spirits, Wines, and Teas — Remissions of Duties and Penalties — Pro- 
visions for public Debt and Defence of the Frontier — Excise Arrangements — 
Compensations to Officers — Post Office — Bills to establish and regulate Post 
Office — To establish Post Offices and Post Roads — Postage on Newspapers — 
Public Lands — Bills to establish Land Offices — Making Grants of Lands, &c.— 
North Carolina Cession — Virginia Reservation, &c. 

Imposts The creation and execution of a sufficient scheme of national h. Journal, 
naee ^ revenue > as ** was a mam object of the Constitution, invoked the P* 11 * 
earliest attention of Congress; and the numerous acts which 
were passed during the first term of General Washington's ad- 
ministration, attest the difficulties which attended the arrange- 
ment of such a system as should satisfy the wants of the country, 
and form the basis of future legislation. 

As soon as the organization of the two houses was completed, 
this important subject was submitted to the consideration of the 
House of Representatives. 

On the 8th of April, 1789, the House resolved itself into a Lloyd's 

committee of the whole, on the state of the Union, Mr. Page of Co . n - ? e &» 

° vol. i. p„ 

Virginia in the chair. Mr. Madison then rose and addressed the 12—14.. 

committee. It js not within the design of this history to repub- 
lish the speeches of members of Congress, but as the remarks of 
Mr. Madison, on introducing this topic, are brief, in some mea- 
sure historical, and must be read with interest, they are sub- 
joined. 

Mr. Madi- " I take the liberty, Mr. Chairman, at this early stage of the 
son s open- b us i nesSj to introduce to the committee, a subject, which appears 
marks. to me to be of the greatest magnitude; a subject, sir, that re- 
quires our first attention, and our united exertions. 

" No gentleman here can be unacquainted with the numerous 
claims upon our justice; nor with the impotency which prevent- 
ed the late Congress of the United States from carrying into ef- 
fect the dictates of gratitude and policy. 

" The Union, by the establishment of a more effective govern- 
ment, having recovered from the state of imbecility, that here- 
tofore prevented a performance of its duty, ought, in its first act,. 



288 HISTORY OF CONGRESS, 



Cup . HI. National Revenue— Imposts, and Tonnage Duties. 



istconsress. to revive those principles of honour and honesty, that have too 

L-t Session. . m 

loDg Iain dormant. 

Mr. Madi- u rp ne deficiency in our treasury has been too notorious to 

son s re- ■' 

marks. make it necessary for me to animadvert upon that subject. Let 

us content ourselves with endeavouring to remedy the evil. To 
do this, a national revenue must be obtained: but the system must 
be such a one, that, while it secures the object of revenue, it 
shall not be oppressive to our constituents. Happy it is for us, 
that such a system is within our power ; for I apprehend that both 
these objects may be obtained from an impost on articles import- 
ed into the United States. 

" In pursuing this measure, I know that two points occur for 
our consideration. The first, respects the general regulation of 
commerce, which, in my opinion, ought to be as free as the poli- 
cy of nations will admit. The second, relates to revenue alone, 
and this is the point I mean more particularly to bring into the 
view of the committee. 

■ Not being at present possessed of sufficient materials for fully 
elucidating these points, and our situation admitting of no delay, 
I shall propose such articles and regulations only, as are likely to 
occasion the least difficulty. 

" The propositions made on this subject by Congress, in I7C 
having received, generally, the approbation of the several states 
of the Union, in some form or other, seem well calculated to be- 
come the basis of the temporary system, which I wish the com- 
mittee to adopt. I am well aware that the changes, which have 
taken place in many of the states, and in our public circum- 
stances, since that period, will require, in some degree, a devia- 
tion from the scale of duties then affixed : nevertheless, for the 
sake of that expedition, which is necessary in order to embrace 
the spring importations, I should recommend a gener al adherence 
to the plan. 

(i This, sir, with the addition of a clause or two on the sub- 
ject of tonnage, I will now read, and, with leave, submit it to 
the committee; hoping it may meet their approbation, as an ex- 
pedient rendered eligible by the urgent occasion there is for the 
speedy supplies to the federal treasury, and a speedy rescue of 
our trade from its present anarchy. 

Mr. Madi- "Resolved — As the opinion of this committee, that the fol- 
son's reso- lowing duties ought to be levied on goods, wares, and merchan- 
dise imported into the United States; namely: — 

"On rum, per gallon, of a dollar. 



HISTORY OF CONGRESS. 289 



CHAP. III. National Revenue— Imposts, and Tonnage Duties. 1789. 

]st congress. « On all other spiritous liquors. 

]st Session. * 

" On molasses. 

"£ "On Madeira wine, 
lutions. " On all other wines. 

" On common Bohea teas, per lb. 

" On all other teas. 

" On pepper. 

"On brown sugars. 

" On loaf sugars. 

" On all other sugars. 

" On cocoa and coffee. 

"On all other articles, per cent, on their value at the 

time and place of importation. 

" That there ought, moreover, to be levied on all vessels in 
which goods, wares, or merchandises, shall be imported, the 
duties following; namely: On all vessels built within the United 
States, arid belonging wholly to citizens thereof, at the rate 
of per ton. 

" On all vessels belonging wholly to the subjects of powers 
with whom the United States have formed treaties, or partly to 
the subjects of such powers, and partly to citizens of the said 
states, at the rate of ■ — . 

" On all vessels belonging wholly, or in part, to the subjects 
of other powers, at the rate of — ." 

It was then moved, by Mr. Boudinot, who expressed his ap- 
probation of the simplicity and sufficiency of the plan, that the 
blanks be filled up in the manner they were recommended to 
be charged by Congress in 1783. Mr. White, however, de- 
siring more time for reflection, moved the rising of the commit- 
tee; and the motion being seconded by Mr. Madison, and advo- H.Journal, 
cated by Mr. Parker, the committee rose, and reported that they P- 12 * 
had the state of the Union under consideration, but had come to 
no resolution thereupon. 

The house being again in committee of the whole on the state Lloyd's 

of the Union, on the 9th considerable discussion took place. c ° n> ? e § , • , 

1 vol. i. p. 

Mr. Lawrance was in favour of an application of the ad valorem 15—29. 

principle to all articles, as a temporary measure, because an at- 
tempt to specify articles would lead to perplexity and delay. 
Mr. Fitzsimons replied, and defended the system of specific du- 
ties. He wished for more than a temporary scheme, and de- 
sired one "some way adequate to our present situation; as it re- 
spects our agriculture, our manufactures, and our commerce." 
Vol. I.— 37 



•290 HISTORY OF CONGRESS. 



Goxp. HI. National Revenue — Imposts, and Tonnage Duties. 1 ' -"• 



He desired to add to the enumeration of articles, " some calcu- 
lated to encourage the productions of our country, and protect 
our infant manufactures, beside others tending to operate as 
sumptuary restrictions upon articles which are often termed those 
of luxury. " He then moved the following, as an amendment 
to the original resolution: — 

" Resolved — As the opinion of this committee, that the fol- 
1 S^^^ X ' lowing duties ought to be laid on goods, wares, and merchan- 
ofPennsvi- dise imported into the United States, to wit: — 

" Upon every gallon of beer, ale, or porter, parts of 

a dollar. 

a Upon every barrel of beef. 
• Vpon every barrel of pork. 

■ And so in proportion for any greater or lesser quantity. 
" Upon every lb. of butter. 
" Upon all candles of tallow,* per lb. 
•• Upon all candles of wax or spermaceti, per lb. 
" Upon cheese, per lb. 
•• Upon soap, per lb. 
•* Upon cider, per gallon. 
" Upon boots, per pair. 
•• Upon all steel, un wrought, for every 112 lbs. 

■ Upon cables, for every cwt. 
"Upon tarred cordage, for every 112 lbs. 

■ Upon un tarred do., for every 112 lbs. 

■ Upon twine or pack-thread, for every 112 lbs. 
; * Upon malt, for every bushel. 

■ Upon all nails, spikes, tacks, or brads, for every lb. 

■ Upon salt, per busheL 
k * Upon manufactured tobacco, per lb. 

■ Upon snuff, per lb. 
u Upon all blank books. 

■ Upon all writing, printing, and wrapping-paper, and upon all 
paste-board. 

■ Upon all cabinet ware. 
" Upon all buttons of metal. 
" Upon all saddles. 

■ Upon all gloves, of leather. 
" Upon all hats, of beaver, fur, wool, or mixture of either. 

■ Upon all millinery. 
" Upon all castings of iron, and upon slit or rolled iron. 

■ Upon all leather, tanned or tawed, and upon all manufac- 



HISTORY OF CONGRESS. 291 



CHAP. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



ist congress, tures of leather, (except such as are otherwise rated by this 

1st Session. 

— act.) 

Mr. Fitz- (t Tj pori a u shoes, slippers, and golo-shoes. 

Simons a- * ' rr ' ° 

mendment. " For every hundred dollars 9 value. 

" Upon every coach, chariot, and other four-wheel carriages. 

" Upon every chaise, solo, or other two- wheel carriage, (for 
every hundred dollars' value thereof, and so in proportion for any 
part thereof.) 

" Upon every lb. of nutmegs. 

"Upon every lb. of cinnamon. 

" Upon every lb. of cloves. 

"Upon raisins, for every 112 lbs. 

" Upon figs, for every 112 lbs. 

" Upon currants, for every 112 lbs. 

" Upon almonds, for every 112 lbs." 

Mr. Schureman, of New Jersey, seconded this motion to 
amend. The proposition to amend was opposed by Mr. White, 
of Virginia, as involving too much detail, and likely to consume 
too much time. Mr. Tucker, of South Carolina, thought it 
would be more prudent, for the present, to look to a temporary 
provision. A permanent system, he admitted, would be prefer- 
able, but until the house should be fuller, and the representation 
of the states more equal, this would be impracticable. There 
was-no member from the south of Virginia present except him- 
self. The safer plan, in his opinion, was, to confine the rate of 
duties to the scale adopted by the Congress of 1783, which was 
five per cent, on the value of all goods imported, and an addition- 
al duty on a few enumerated articles. The article of tonnage 
he wished to be postponed, because it bore harder upon some 
states than others, some having sufficient vessels of their own 
for their own trade, while others were compelled to rely entire- 
ly on foreign vessels. He wished to confine the question to the 
original resolution. If the other were adopted, he should ask 
for a division of the question, and if he failed, he should be com- 
pelled to vote against the measure, although he had no objection 
to the limited and temporary provision. Mr. Hartley, of Penn- 
sylvania, advocated the amendment; and suggested, that, as the 
clause respecting tonnage would not, probably, be determined for 
several days, the southern members may, by that time, have ar- 
rived, and no argument, from that principle, should operate to 
discourage the committee from taking such measures as will tend 
to protect and promote our domestic manufactures. He referred 



•292 HISTORY OF CONGRESS. 



Chxp. ni. a] Revenue — Imposts, and Tonnage Duties. 



1st Congress to the historv of the world, to show that the establishnv: 

1st Session. , • 

manufactories, and the encouragement of home manufactures, by 
duties on foreign goods, had long been the policy of nations. He 
thought it politic and just that this government should foster all 
manufactures which tend to national utility. He was opposed to 
the adoption of the scale of 1753. when we had few manufac- 
tures. Since that time, our manufactories have greatly increased, 
artisans have multiplied, and the materials en hand are abun- 
dant. He wished, therefore, the amendment to be adop~ 
Mr. Madison said, that, however disposed the committee might 
be to promote domestic manufactures,, some regard ought to be 
paid to the present policy of raising revenue. He stated, that, if 
the committee should delay levying and collecting an impost, until 
a system of protecting duties shall be perfected, there would 
be no importations of any consequence on which the law could 
operate, as all the spring vessels would have arrived: and thus 
would occur a loss equal to the surplus which might be expected 
from a system of higher duties. He admitted that the sentiments 
of gentlemen from different parts of the United States should be 
weighed, but he regarded it as a higher dutv to consider the ge- 
neral interest of the Union, than any local or state interest ; and 
any system of impost must be founded on the principles of mu- 
tual concession. He reminded the committee that it was the 
thinly planted portions of the country which would contribute 
more under one .i^an the other, and that these portions, 

standing most in need of national protection, would have less 
reason to complain of unequal burdens. The states, on the other 
hand, which were more advanced in population, and ripe 
manufactures, and which, while they retained the power to re- 
gulate their trade, could have protected these institutions, bad 
thrown this power into other hands, with the expectation that 
their interests would not be neglected here. He then went on 
to give his views in the following language. 

Mr. Madi- " I own myself the friend to a very free system of commerce, 
sonsviews. an( j j^u ^ 3S a i TU \\ lj ftiat commercial shackles are generally un- 
just, oppressive, and impolitic. It is also a truth, that if industry 
and labour are left to take their own course, they will generally be 
directed to those objects which are the most productive, and this 
in a more certain and direct manner than the wisdom of the most 
enlightened legislature could point out; nor do I think that the 
national interest is more promoted by such restrictions, than 
that the interest of individuals would be promoted by legislative 



HISTORY OF CONGRESS. 293 



CHAP. III. National Revenue— Imposts, and Tonnage Duties. 1789. 

1st congress, interference, directing the particular application of its industry: 
■ ~ for example, we should find no advantage in saying, that every 

Mr. Madi- man gh^d De obliged to furnish himself, by his own labour, 
son s views. t ° > j 

with those accommodations which depend upon the mechanic 

arts, instead of employing his neighbour, who could do it for him 
on better terms. It would be of no advantage to the shoemaker 
to make his own clothes, to save the expense of the tailor's bill; 
nor of the tailor to make his own shoes, to save the expense of 
procuring them from the shoemaker. It would be better policy 
to suffer each to employ his talent in his own way: the case is 
the same between the exercise of the arts and agriculture — be- 
tween the city and the country, and between city and town, each 
capable of making particular articles in sufficient abundance to 
supply the other — thus all are benefited by exchange, and the 
less this exchange is cramped by government, the greater are 
the proportions of benefit to each. The same argument holds 
good between nation and nation, and between parts of the same 
nation. 

" In my opinion, it would be proper also for gentlemen to con- 
sider the means of encouraging the great staple of America: I 
mean agriculture, which, I think, may justly be styled the staple 
of the United States, from the spontaneous productions which 
nature furnishes, and the manifest preference it has over every 
other object of emolument in this country. If we compare the 
cheapness of our land with that of other nations, we see so de- 
cided an advantage in that cheapness, as to have full confidence 
of being unrivalled: with respect to the object of manufacture, 
other countries may and do rival us; but we may be said to have 
a monopoly in agriculture. The possession of the soil, and the 
lovvness of its price, give us as much a monopoly in this case, 
as any nations in other parts of the world have in the monopoly 
of any article whatever; but, with this advantage to us, that it 
cannot be shared nor injured by rivalship. 

" If my general principle be a good one, that commerce ought 
to be free, and labour and industry left at large to find its proper 
object, the only thing which remains, will be to discover the ex- 
ceptions that do not come within the rule I have laid down. I 
agree with the gentleman from Pennsylvania, that there are ex- 
ceptions, important in themselves, and which claim the particu- 
lar attention of the committee. Although the freedom of com- 
merce would be advantageous to all the world, yet, in some par- 
ticulars, one nation might suffer to benefit others, and this ought 
to be for the general good of society. 



294 HISTORY OF CONGRESS. 



CHAP. HI. National Revenue— Imposts, and Tonnage Duties. 1789. 



istcongress. < ( If America were to leave her ports entirely free, and make 

1st Session. , l J 7 

~ no discrimination between vessels owned by her citizens and 

so£sviews! tnose ownec * Dv foreigners, while other nations make this dis- 
crimination, it is obvious, that such policy would go to ex- 
clude American shipping altogether from foreign ports, and she 
would be materially affected in one of her most important inte- 
rests: to this we may add another consideration; that by encou- 
raging the means of transporting our productions with facility, 
we encourage the raising them: and this object, I apprehend, 
is likely to be kept in view by the general government. 

" Duties laid on imported articles may have an effect which 
comes within the idea of national prudence. It may happen, 
that materials for manufactures may grow up without any encou- 
ragement for this purpose: it has been the case in some of the 
states, but in others regulations have been provided, and have 
succeeded in producing some establishments, which ought not to 
be allowed to perish, from the alteration which has taken place. 
It would be cruel to neglect them, and divert their industry to 
other channels, for it is not possible for the hand of man to shift 
from one employment to another, without being injured by the 
change. There may be some manufactures which being once 
formed, can advance toward perfection without any adventi- 
tious aid; while others, for want of the fostering hand of govern- 
ment, will be unable to go on at all: legislative attention will, 
therefore, be necessary to collect the proper objects for this pur- 
pose, and this will form another exception to any general prin- 
ciple. 

" I observe that a sumptuary prohibition is within the view of 
some of the proposed articles, and forms another exception. I 
acknowledge that I do not, in general, think any great national 
advantage arises from restrictions passed on this head; because, 
as long as a distinction in point of value subsists, sumptuary du- 
ties, in some form or other, will prevail and take effect. 

"Another exception is embargoes in time of war: 4hese may 
necessarily occur and shackle the freedom of commerce; but the 
reasons for this are so obvious, that it renders any remark unne- 
cessary. 

u The next exception that occurs, is one on which great stress 
is laid by some well-informed men, and this with great plausi- 
bility. That each nation should have within itself the means of 
defence, independently of foreign supplies: that in whatever 
relates to the operation of war, no state ought to depend upon a 
precarious supply from any part of the world. There may be 



HISTORY OF CONGRESS. 295 



CHAP. HT. National Revenue— Imposts, and Tonnage Duties. 1789. 



1st congress, some truth in this remark, and, therefore, it is proper for legis- 

lst Session. . . ' ' > f f O 

- lative attention. I am, though, well persuaded that the reason- 
son's views! * n S on tnis sub J ect nas been carried too far. The difficulties we 
experienced a few years ago, of obtaining military supplies, 
ought not to furnish too much in favour of an establishment 
which would be difficult and expensive; because our national 
character is now established and recognised throughout the 
world, and the laws of war favour national exertion more than 
intestine commotion: so that there is good reason to believe, that 
when it becomes necessary, we may obtain supplies from abroad 
as readily as any other nation whatsoever. I have mentioned 
this, because I think I see something among the enumerated ar- 
ticles that seems to favour such policy. 

" The impost laid on trade for the purpose of obtaining revenue, 
may likewise be considered as an exception; so far, therefore, as 
revenue can be more conveniently and certainly raised by this, than 
any other method, without injury to the community, and its ope- 
ration will be in due proportion to the consumption, which con- 
sumption is generally proportioned to the circumstances of indi- 
viduals, I think sound policy dictates to use this mean; but it 
will be necessary to confine our attention, at this time, peculiar- 
ly to the object of revenue, because the other subject involves 
some intricate questions, to unravel which, we, perhaps, are not 
prepared. I have no objection to the committee's accepting the 
propositions offered by the gentleman from Pennsylvania; be- 
cause, so far as we can enumerate the proper objects, and apply 
specific duties to them, we conform to the practice prevalent in 
many of the states, and adopt the most laudable method of col- 
lecting revenue; at least, preferable to laying a general tax. 
Whether, therefore, we consult ease and convenience in collec- 
tion, or pursuing habits already adopted and approved, specific 
duties, as far as the articles can properly be enumerated, is the 
more eligible mode of obtaining the end in contemplation. — Upon 
the whole, as I think some of the propositions may be productive 
of revenue, and some may protect our domestic manufacture, 
though the latter subject ought not to be too confusedly blended 
with the former, I hope the committee will receive them, and 
let them lay over, in order that we may have time to consider 
how far they are consistent with justice and policy. " 

Mr. Boudinot, of New Jersey, stated that, being, in general, 
favourable to specific duties on enumerated articles, he should 
support the amendment ; but, without committing himself to sup- 



296 HISTORY OF CONGRESS. 



CHAP. HI. National Revenue— Imposts, and Tonnage Duties. 17S9. 



1st congress. por t the whole, or anv particular article, if, on consideration, he 
should deem any of them impolitic or unjust. As the article of 
glass was omitted in the enumeration, he desired to be informed, 
bv the gentleman from Pennsylvania, if there were any thing pe- 
culiar in the manufacture of that article, which had induced the 
omission. If not, he should move to insert it, as he was of the 
opinion that we could manufacture glass as well as most nations, 
the materials being almost all produced in our country. Mr. Fitz- 
simons and Mr. Madison suggested, that wheu the articles enume- 
rated should come to be considered separately, any one could be 
stricken out, if it should be deemed unable to bear the specific 
Amend- duty proposed to be laid upon it. The question was taken, and 

men \ a " it was agreed to add the articles enumerated in the amendment, 
to the original list, introduced by Mr. Madison. On motion of 
Mr. Lee, of Virginia, the committee then rose. 
Petition On the 1 1 th, Mr. Smith, of Maryland, presented a petition h. Journal, 

Snore ^ rom ^ e tradesmen, manufacturers, and others, of the town of p * 12, 

Baltimore, which was read, setting forth, That since the close of Lloyd's 
the late war. and the completion of the revolution, thev haveob- Co 1 n - ^g"* 
served, with serious regret, the manufacturing and the trading inte- 29, 30. 
rest of the country rapidly declining, and the attempts of the state 
legislatures to remedy the evil failing of their object ; that in the 
present melancholy state of our country, the number of poor in- 
creasing for want of employment, foreign debts accumulating, 
houses and lands depreciating in value, and trade and manufac- 
tures languishing and expiring ; they look up to the supreme le- 
gislature of the United States, as the guardians of the whole 
empire, and from their united wisdom and patriotism, and ardent 
love of their country, expect to derive that aid and assistance, 
which alone can dissipate their just apprehensions, and animate 
them with hopes of success in future, by imposing on all foreign 
articles, which can be made in America, such duties as will give 
a just and decided preference to their labours; discountenancing 
that trade which tends so materially to injure them, and impo- 
verish their country; measures which, in their consequences, may 
also contribute to the discharge of the national debt, and the due 
support of government: that they have annexed a list of such ar- 
ticles as are. or can be, manufactured amongst them, and hum- 
bly trust in the wisdom of the legislature to grant them, in com- 
mon with the other mechanics and manufacturers of the United 
States, that relief which may appear proper. This petition was 
referred to the committee of the whole on the state of the 
Union. 



HISTORY OF CONGRESS. 297 



Chap. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



1st congress. The house having again resolved itself into committee of the h. Journal* 

: — L whole on the state of the Union, the subject of Mr. Madison's re- p ' 12 * 

solutions was resumed. Mr. Lee then expressed a wish that the Lloyd's 
articles should be considered separately. On motion of Mr. Good- Con - ? e S*' 
hue, of Massachusetts, the following articles were then added to 30—37, 
the list:— 

Mr. Good- " Upon anchors, for every 112 lbs. 

hue's (i Tj pon every dozen of wool cards; 

amend- r J , 

ment. " Upon wrought tin ware. 

{( Upon every box of lemons. 

" Upon every barrel of limes. f> 

Some further discussion then took place, in which Mr. Cly- 
mer, of Pennsylvania, expressed his conviction that a political 
necessity existed both for encouraging manufactures and obtain- 
ing revenue; but he wished that a systematic course should be 
pursued, and that a sub-committee should be appointed to collate 
the materials, and bring them before the house in a digested 
form. The chairman replied, that it would not be competent for 
a committee to appoint another committee. Mr. Boudinot then 
moved that the committee rise and report, as their opinion, that 
a committee should be appointed for the purpose of framing a 
temporary law. This motion he prefaced with a variety of rea- 
sons against the adoption of a permanent system, until there 
should have been more time allowed for deliberation, and for the 
acquisition of the necessary knowledge. He wished to take the 
resolution of the Congress of 1783 as the basis, "adding only 
such protecting duties as are necessary to support the manufac- 
tures established by the legislatures of the manufacturing states." 
In the collection of the revenue, also, he wished, until, a general 
plan should be devised, that " officers should be appointed to col- 
lect the impost and protecting duties in the manner and under 
the penalties directed by the laws of the proper state." Messrs* 
Bland and Lee, of Virginia, Mr. Fitzsimons, of Pennsylvania, 
and Mr. Madison, then took part in an immaterial discussion, 
when the motion for the rising of the committee being withdrawn, 
Mr, Madi- Mr. Madison moved that when the committee rose, they should 
son s mo- re p 0r f- ? as the opinion of the committee of the whole, that a com- 
mittee be appointed for the purpose of preparing a bill to regu- 
late the mode of collecting duties on imposts and tonnage; and 
this motion was adopted by the committee. It was then stated 
by Mr. Fitzsimons, that the amount of revenue required for the 
necessities of the state, including the instalments and interest of 
Vol. I.— 38 



298 HISTORY OF CONGRESS. 



Chap. m. National Revenue— Imposts, and Tonnage Duties. 17S9. 



lstconrress. the foreign and domestic debt, and the current expenses of the 

~- ~ government, was about three millions of dollars. Mr. Sher- 

Duty on man, of Connecticut, moved that the article of rum should be 
nun - charged with fifteen cents per gallon — " He used the term cents 

because it was a denomination of national coin, fixed by the late 
Congress, ten of which make a dime, and ten dimes a dollar." 
Mr. Smith, of Maryland, thought the sum named too high, and 
moved ten cents. On motion of Mr. Madison, the committee 
then rose, and reported the resolution of Mr. Madison, which 
was agreed to as follows: — 

Reported "Resolved — That it is the opinion of this committee, that an H. Journal, 
resolution. ac j. 0U ght t p ass f or regulating the collection of imposts and ton- p * ' 
nage in the United States." 

In was then " Ordered — That a bill, or bills, be brought in* 
pursuant to the said resolution, and that a committee, to consist 
of a member from each state present, be appointed to prepare 
and bring in the same." 
House "ap- The following committee was then appointed: — Messrs. Gil- 
point com- man? p^ew Hampshire,) Gerry, (Massachusetts.) Sherman, (Con- 
prepare necticut,) Lawrance, (New York,) Cadwalader, (New Jersey,) 
collection Fitzsimons, (Pennsylvania,) Gale, (Maryland.) Madison, (Vir- 
ginia.) Tucker, (South Carolina.) 

The subject again occupied the attention of the committee on Id. p. 14. 
the 14th of April, and from that day until the 21st, inclusive. 
When the house went into committee, on the 14th, Mr. Bland 
made a motion with a view to take the sense of the committee, 
as to whether the measure in progress should be a temporary, or 
a permanent one ; but, after some remarks from Mr. Scott, of 
Pennsylvania, as to the propriety of taking up every article se- 
parately, for consideration ; and from Mr. Madison, concerning the 
irregularity of the motion of Mr. Bland, that gentleman withdrew 
his proposition. The committee then resumed the consideration 
Ardent of the motion for a duty on rum. On motion of Mr. Gale, of Ma- Lloyd's 

Sbltit^d r y laDd ' tbe WOrd """^ exchanged for -ardent spirits, of Ja- fXi.p?fl 
for rum. maica proof ." Mr. Lawrance proposed a duty of 12 cents on this —57. 
article. He wished to impose as high a duty as could be effi- 
ciently collected; but he thought a duty of 15 cents would hold 
out too strong a temptation for smuggling. Mr. Fitzsimons and 
Mr. Madison supported the highest duty, the latter gentleman 
stating that it very little exceeded what was laid in some states, 
while some had imposed an excise duty still higher; and the for- 
mer reminding the committee that, in Pennsylvania, this article 



HISTORY OF CONGRESS. 299 



CHAP. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



1 st S n?ress ' was charged with an impost amounting to near ^thsof a dollar, 
and an excise of ^ths more, all of which was collected on about 
800,000 gallons, without much difficulty. The highest sum now 
proposed very little exceeded the duty collected in Pennsylvania. 
Mr. Boudinot expressed himself as in favour of the highest duty 
that could b collected. It was then stated by Mr. Lawrance, 
that the duty collected in the state of New York was about eight 
cents. The quantity imported into New York, from April, 1786, 
to April, 1787, was 850,000 gallons, of which only 67,000 were 
exported. If the duty were raised too high, much of the revenue 
from this source might be lost, by the ingenious evasions of the 
duty which would be practised. While he regretted the perni- 
cious effects of the use of ardent spirits on the morals and health 
15 cents 

per gallon, of the people, he thought it became the committee to view the 

^ 12 subiect as politicians rather than as moralists, and to tax the 
cents on . J . . . . . .. ,. T t 

other spi- vices which it was impossible to eradicate. It was then agreed 

ritous li- f- tax ardent spirits, of Jamaica proof, 15 cents, and all other spi- 

greed to. ritous liquors, 12 cents. 
Molasses, On the article of molasses, Mr. Madison suggested that 8 cents 
"d P er gallon would allow a sufficient advantage to our own manu- 
facturers, while it bore a proper proportion to the duty on rum. 
The motion was seconded by Mr. Parker, of Virginia. Mr. Law- 
rance considered this duty too high, as it was a necessary of life. 
The Congress of 1783 did not propose more than one penny, and 
he was willing to double that amount, which would produce 
40,000 dollars. The duty proposed by the gentleman from Vir- 
ginia, would, if collected, produce 160,000 dollars, which he con- 
sidered to be more than ought to be drawn from that source, 
since an excessive duty would prevent the great exportation of 
the article after we had manufactured it, and which was very 
productive to our citizens. Mr. Madison met this last statement 
by showing that Massachusetts, which manufactured as much 
rum as any other state, in proportion, shipped off to different 
parts of this country, 49,943 gallons of rum, manufactured there ; 
while she exported to Nova Scotia 801 gallons, to Europe 1206, 
and to Africa and the East Indies 897 gallons : so that the great 
exportation alluded to, was made to the different parts of the 
United States, and not to foreign countries; and the duty was 
paid by our own citizens, who were the consumers. Mr. Fitzsi- 
mons was an advocate for 8 cents; which was opposed by Mr. 
Goodhue, who stated that Massachusetts imported, annually, 
from 30,000 to 40,000 hogsheads of molasses, and that when Great 
Britain laid a duty of three pence sterling per gallon on this ar- 



300 HISTORY OF CONGRESS. 



Chap. HI. National Revenue -Imposts, and Tonnage Duties. 1789. 



ist congress, tide, it was deemed oppressive, and caused heart-burnings and en- 

lst Session. * A , . ° 

mity. He would not consent to impose a higher duty than two 
cents. Mr. Thatcher, of Massachusetts, suggested that the com- 
mittee was likely to get into difficulty by proceeding too hastily, 
and would move, if in order, to take up the resolutions of Con- 
gress of 1783, and lay on duties as nearly similar as can well be, 
to those recommended at that period ; and then move for a com- 
mittee to go on to review and consider of certain regulations ne- 
cessary to form a permanent system at some future period. Mr. 
Clymer, of Pennsylvania, suggested to those who opposed this duty 
on the ground that it was a tax on the raw material of a profitable 
manufacture, that it entered into an injurious competition with 
another manufacture, the raw material of which was to be found 
in our own agriculture, and which was divested of the pernicious 
qualities attached to ardent spirits, that of malt liquors. The 
duty of 8 cents was opposed by Mr. Fisher Ames, of Massachu- 
setts, who regarded it as a tax which would bear unequally and 
injuriously on that state. " We (said he) exchange for molasses 
those fish that it is impossible to dispose of any where else : we 
have no market within our reach but the islands from whence 
we get molasses in return, which again we manufacture into rum. 
These circumstances form a material link in our chain of naviga- 
tion; and upon our success in navigation the most important in- 
terests of the United States depend. It is scarcely possible to 
maintain our fisheries with advantage, if the commerce for sum- 
mer fish is injured, which I conceive it would be, very materially, 
if a high duty is imposed on this article; nay, it would carry de- 
vastation throughout all the New England states — it would, ulti- 
mately, affect all throughout the Union." He then viewed the 
importance of the fishery on the banks, as a nursery for seamen. 
It had been the policy of other nations to drive us from that pro- 
lific source of wealth and strength ; and this high duty would ac- 
complish what they had in vain endeavoured to do. Some further 
discussion took place between Mr. Fitzsimons, Mr. v Ames, Mr. 
Goodhue, Mr. Lawrance, and Mr. Boudinot, in which no new 
Mr. Madi- facts were elicited : after which, Mr. Madison said he would be 
fies hiTm<£ w i mn g *° a g r ee to a small reduction of his duty ; but thinking 6 
tion to 7 cents too low, he would move 7 cents, and, for that purpose, with- 
drew his motion for 8 cents. The motion for 7 cents was nega- 
tived, and it was agreed to fill the blank with G cents. 
Madeira The article of Madeira wine was the next which provoked Lloyd's 

•■J5 . a discussion. Mr. Sherman, of Connecticut, moved to fill the Co , n - } ie S* 
15 cents # ' vol. i. p. 

moved. blank with fifteen ceuts. Mr. Gil man, of Massachusetts, pro- 57—60. 



HISTORY OF CONGRESS. 301 



Chap. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



1st congress, posed twenty cents ; and Mr. Hartley, of Pennsylvania, moved 

~ thirty cents. Mr. Fitzsimons moved fifty cents. He estimated 

20 cents the cost of a pipe of Madeira at 200 dollars, and of a hogshead 
30 cents, of rum at 40 dollars; and the ability of the consumers of the 
50 cents, different articles was in about the same ratio. This motion was 
seconded by Mr. Muhlenberg, of Pennsylvania. Mr. Bland, and 
Mr. Lawrance, thought 50 cents too high ; and the latter gentle- 
man corrected the estimate of the cost of Madeira wine, which, 
he said, was not worth more than 100 dollars the pipe, at the 
time of importation. He was in favour of 20 cents. Mr. Fitz- 
simons replied, that the wine cost £24 sterling in Madeira, and 
when all the charges were added, the price would be brought 
near to what he had stated. Mr. Boudinot thought 50 cents too 
high, when the cost, charges, and loss by importation, were taken 

33£ cents m ( account. Mr. Fitzsimons modified his motion to 33^ cents ; 
agreed to. . 

= '" " ' and this motion was agreed to by a vote of 21 to 19. 

Other It was then agreed to lay a duty of 20 cents the gallon on all Lloyd's 

winefc other wines. Con. Reg., 

. vo1 - *• P* 

The committee, after agreeing to lay one cent per pound on 62, 63. 

Sugars and brown sugar, 3 cents on loaf sugar, \\ cents on other sugars, and 
2\ cents on coffee, rose and reported progress. 

On the 15th, the committee agreed to impose one cent per lb. 

Cocoa, ale, on cocoa. Some discussion then took place on a proposition by Mr. 
' Fitzsimons, to lay six cents per gallon on beer, ale, and porter, im- 
ported in casks. Mr. Lawrance, in seconding the motion, said, he 
would have the duty so high as to give a decided preference to 
American beer. After brief debate, Mr. Madison moved eight 
cents on all beer imported. He hoped this would be such an 
encouragement, as to induce the manufacture to take deep root 
in every state in the Union. In the state of New "York, the duty 

8 cents in had been six cents; and eight cents, if brought in foreign vessels, 
casks. 
25 cents The committee agreed to eight cents; and to 25 cents per do- 

per dozen zen> on a n beer, ale, or porter, imported in bottles. The arti- 
cles of beef, pork, and butter, were then stricken out of the list 
of articles. After a short discussion, a motion, by Mr. Fitzsimons, 
to lay on candles, of tallow, two cents per pound, was agreed 
to, and also on the subjoined articles, the duties which are an- 
nexed : — 
Candles, " On a ^ candles of wax or spermaceti, per lb., 6 cents, 
cheese, &c. « Qn cheese, 4 cents. 
" On soap, 2 cents. 
" On boots, per pair, 50 cents. 
"On all shoes, slippers, or golishes, made of leather, 10 cents. 



302 HBTORY OF CONGRESS. 



Chap. IH. National Revenue — Imposts, and Tonnage Duties. 



latoomrresj al AorfTj or slippers, made of silk or stuff. 10 cents." 

1st Session . 

— ■ The next item being;. •• On ail steel un wrought, for every Lfcj 

Mr. Lee moved to strike out the article, as necessarv to agri- — " 
cultural improvements, in which motion he was seconded br Mr. 
Tucker. Mr. Clymer said that a furnace in Philadelphia, with 
a very small aid from the legislature of Pennsylvania, made 300 
tons of steel in two years, and now made at the rate of 230 tons 
annually, and. with a little further encouragement, would supply- 
enough for the consumption of the Union. It was then denied 
by Mr. Fitzsimons, that a duty of five shillings per cwt, which 
was all he proposed, would operate oppressively on the agricul- 
tural interest Mr. Madison wished the article to be passed over, 
and left among the non-enumerated ones, where it would be sub- 
ject to an ad valorem duty of five per cent. The only object of 
.introduction here, must have been the encouragement of the 
manufacture, and not revenue, and, as it was so materially con- 
nected with the improvement of agriculture, and other manu- 
factures, he questioned the propriety of the specific duty which 
was proposed, even upon that score. Mr. Tucker adverted to 
the oppressiveness of this tax on South Carolina, which state 
was already in a melancholy condition, the inhabitants being 
deeply in debt, and their produce daily falling in price. Rice 
and indigo were thought by many not worthy of cultivation. 
The ad valorem duty he would not oppose, and he thought that 
66 cents should be deemed sufficient. Mr. Fitzsimons moved to fill the 
per "J 1- blank with 66 cents, which was negatived, and a motion by Mr. 
Boudinot to fill it with 56 cents, was agreed to. The following 
items were then agreed to — 

~>n nails and spikes, 1 cent per lb. 

4 * On tarred cordage. 50 cents per 112 lbs. 

•• On untarred cordage, 60 cents per 1 12 lbs, 

-On twine, or pack-thread. 100 cents per 112 lbs." 
Bemp. The item of hemp then produced considerable discussioD, Mr. id 
Madison having moved a duty upon it He had wished to leave 
untouched every article connected with ship-building; but if it 
were politic to tax cordage, the same reason would justify taxing 
hemp. As a raw material, Mr. Boudinot thought hemp should 
be lightly touched. To this, it was replied by Mr. Madison, that 
if it were politic to make the United States independent of the 
world for cordage, they ought also to be made independent for 
the raw material, which could be cultivated to advantage in the 
if the husbandman were sufficiently protected. The dt. 



HISTORY OF CONGRESS. 303 



CHAP. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



ist congress, was opposed on this and the following day, by Mr. Boudinot, Mr. 
" Partridge, Mr. Lawrance, Mr. Ames, Mr. Fitzsimons, Mr. Hart- 
ley, and was defended by Mr. Moore, Mr. Scott, Mr. White, and 
Mr. Goodhue. It was conceded, however, by the opponents of the 
measure, that a low duty should, for the sake of conciliation, be 
40 cents imposed; and Mr. Partridge moved 40 cents, as about equal to 
moved. an a( ^ va \ oremo { five -percent. Mr. White, (from Virginia,) moved 
moved. entS 75 cents * Mr - Smith, of Maryland, was willing to take 40 cents, 
if the committee would make it 100 cents at the end of two 
50 cents years. Mr. Madison thought 75 cents too high, and moved 50 
agreed to. cen ^ s> which was agreed to. 
Malt 10 On the article of malt, ten cents a bushel was laid. It was Lloyd's 

cents per s t a ted by Mr. Fitzsimons, that the recent importations of this ar- Con - Re £-> 

bushel. J l vol i. p. 

Barley and ** c * e amoun t to 30,000 bushels in one year. Barley was then so, 81. 

lime. taxed six cents, and lime ten cents per bushel, on motion of Mr. id. p. 81. 

Ames, who said these articles were imported in considerable quan- 
tities from a neighbouring state, that had not yet adopted the 
Constitution. 
Nails and It was moved by Mr. Lee to strike out the items of nails, id. p. 82. 

spikes. spikes, tacks, and brads ; and, after discussion, nails and spikes 
were taxed one cent per lb., and tacks and brads were struck 
out. 
Salt 6 The policy of a duty on salt was discussed during the 16th and id. p. 83— 

cents. 17tb, and finally 6 cents was agreed to, with a drawback on 93 « 

salted provisions and fish. It was stated, in debate, by Mr. Burke, 
that South Carolina and Georgia would be heavily oppressed by 
a duty on this article. The people in the back parts of these 
states, had to haul their salt, two, three, and four hundred miles 
in wagons, paying 7s. 6d. sterling, in addition, to the first cost of 
one shilling. Mr. Scott stated that from the nearest point on the 
Atlantic where salt could be obtained, to the next nearest in the 
western country was 800 or 1000 miles, and it was carried across 
the mountains on pack-horses. Mr. Moore considered the tax 
unpopular and unjust ; and Mr. Smith, of South Carolina, inti- 
mated that the inhabitants of the state were already opposed to 
the new government, and ought not to be still further alienated, 
Mr. Lawrance estimated the consumption of salt as averaging 
three bushels for a family ; but, in those parts where it was dif- 
ficult to be obtained, it was used with more frugality than where 
it was abundant ; the poor also used it more sparingly than the 
rich, while the latter must supply all their dependants ; so that 
the tax would be less unequal and oppressive in its operation than 
gentlemen seemed to imagine. Mr. Madison advocated a mode- 



304 HISTORY OF CONGRESS. 



Chip. J3T. National Revenue— Imposts, and Tonuase Duties. IT59. 



ist congress, rate dutv on sail, and answered the arguments against it. The 

1st Session. * __ - 

tax was further supported by Mr. Huntington, Mr. Fitzsimons, 

and Mr. Smith, of -Maryland, and opposed by Mr. White and 

Mr. Scott. Mr. Smith stated that they collected eight cents in 

Maryland, and it caused no complaint that he knew of. 

Tobacco It was then agreed, on motion of Mr. Sherman, to lay six Lloyd's 

and snuff. cents p er j^ deemed equal to a prohibition, on manufactured to- ^'f^'' 

bacco; and ten cents on snuff. 93, 94. 

Glass, pa- On motion of Mr. Carroll, a duty of ten per cent, ad valorem 
per, &c. was i a jd on all window and other glass, except black quart bot- 
tles. 

On motion of Mr. Clymer, it was agreed that seven and a 
half per cent, ad valorem should be laid on blank books, wri- 
ting, printing, and wrapping paper, and paste-board. 
Jewellery, The same duty was also laid upon canes, walking-sticks, whips, 
plate, ca- c ] thing ready made, on gold, silver, and plated ware, on jew- 
iron, Sec. ellery and paste-work. Also, upon all cabinet ware, buttons of 
metal, saddles, gloves of leather, all hats of beaver, fur, wool, or 
mixture of either, all millinery, castings of iron, or slit, or 
rolled iron, all leather tanned, or tawed, or manufactures thereof, 
except such as are otherwise rated. 
Coaches, On every coach, chariot, or other four-w 7 heel carriage, and on 
^ every chaise, solo, or other two-wheel carriage, or parts thereof, 

was laid fifteen per cent, ad valorem. 

The committee then rose and reported progress, and, on the h. Journal, 
ISth, the subject was again taken up. The following items P- 16_ 18 - 
were then agreed to, after, on motion of Mr. Sherman, the com- 
mittee had stricken out M nutmegs, cinnamon, raisins, figs, cur- 
rants, and almonds."' 

" On anchors, seven and a half per cent, ad valorem. Lloyd's 

"On wool cards, 50 cents per dozen. c ° n - ^S"-' 

/ r vol. i. p, 

"On wrought tin ware, seven and a half per cent, ad va~ 95—98. 
lore m. 

u On every quintal of fish, 50 cents. 

" On every barrel of pickled fish, 75 cents. 
Teas. "On all teas imported from China or India in ships built in 

the United States, and belonging wholly to a citizen or citizens 
thereof, as follows: on Bohea tea, per pound, 6 cents; on all Sou- 
chong, and other black teas. 10 cents; on superior green teas, 20 
cents; on all other teas. 10 cents. 

"On all teas imported from any other country, or from India 
or China, in ships which arc not the property of a citizen or ci- 
tizens of the United States, as follows: on Bohea tea. per pound. 



HISTORY OF CONGRESS. 305 



CHAP. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



J^t confess, jq cents; Souchong, and other black teas, 15 cents; on superior 
~ green teas, 30 cents; on all other green teas, 18 cents per pound. 
Coal. a On coal, 3 cents per bushel." 

Mr. Madison expressed some doubt as to the policy of the 
clauses imposing the duties on tea, and they were defended by 
Mr. Fitzsimons, who moved them, and by Mr. Goodhue and Mr. 
Boudinot. In the article of coal, also, a motion was unsuccessfully 
made by Mr. Hartley, to limit the duty to one cent per bushel. 

The whole time devoted to this subject, on the 20th, was em- Lloyd's 
ployed in the discussion of a motion by Mr. Fitzsimons, that a V( ^' ;< e ^' 
drawback of six cents per gallon be allowed on all rum distilled 101—104, 
in the United States, exported without the limits of the same. 
This motion, after debate, was decided in the negative. 

Mr. Fitzsimons moved to insert the following clause; — "That 
all the duties paid, or secured to be paid, on goods imported, 
shall be returned or discharged upon such of the said goods as 

shall, within months, be exported to any country without 

the limits of the United States, except so much as shall be ne- 
cessary to defray the expense that may have accrued by the en- 
try and safe keeping thereof." 

The committee, on motion of Mr. Clymer, rose without de- 
ciding or discussing this question, but on the 21st, the motion 
was adopted without debate. 
Tonnage It was agreed to lay a duty of six cents per ton on all vessels id. p. 105 
duties. built in the United States, and owned by a citizen or citizens "~ 124 * 
thereof, and all vessels foreign built, but now owned by such ci- 
tizens. 
American A motion was then made to adopt the following clause: — " On 
vessels. a ]j vessels belonging wholly to subjects of powers in alliance with 
the United States or partly to the subjects of these powers and 

partly to the citizens of the United States, ■- cents per ton." 

This question was discussed by Mr. Goodhue, Mr. Lawrance^ 
Mr. Fitzsimons, Mi\ Tucker, Mr. Benson, Mr. Burke, Mr. Sher- 
man, Mr. Madison, and Mr. Baldwin. It was moved by Mr. 
Goodhue, to fill the blank with 60 cents. Mr. Boudinot moved 30 
cents. Mr, Hartley proposed one-third of a dollar. The motion 
for the highest sum was subsequently withdrawn, and the inter- 
mediate sum being rejected, the blank was filled with 30 cents. 
Foreign The following clause was then moved: — " On all vessels be- 
longing wholly or in part to the subjects of other powers, at the 

rate of cents per ton." 

Mr. Lawrance moved to fill this blank with the same sum. 
Mr. Madison advocated a discrimination. It was then moved by 
Vol. I.— 39 



306 HISTORY OF CONGRESS. 



Chap. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



1st congress. Mr. Fitzsimons to insert 60 cents. Mr. Tucker mov*ed 35 cents; 

1st Session. -,. iiii iii -i • /» 

intending, should that sum be adopted, to move a reduction of 

the sum in the first clause, to 20. A motion was made by Mr. 
Madison to limit the duty to a certain time, so as to allow an 
opportunity to add to our own tonnage, and afterwards to increase 
the duty to a greater degree. On the motion of Mr. Madison 
there was an equal division of the committee, and the casting 
vote of the chairman was given in the negative; he remarking, 
that he did not see any necessity for using the words, because 
the subject was always in the power of the legislature. Mr. 
Boudinot then moved 50 cents, which was adopted, the motion 
for 60 cents having been previously negatived. 
Proviso. It was then provided "that no vessel built within the United 
States, and belonging to a citizen or citizens thereof, whilst em- 
ployed in the coasting trade, or in the fisheries, shall pay tonnage 
more than once in any one year. Nor shall any ship or vessel 
built within the United States pay tonnage on her first voyage." 
Resolu- The committee then reported the resolutions to the house, H. Journal, 

tions re- w here they were read and ordered to lie on the table. P* 19, 20 * 

ported. 

On the 24th of April, the house proceeded to consider the re- 
solutions, and a discussion, which consumed the whole of the day, 
Motion to took place on a motion of Mr. Boudinot, to reduce the duty im- Lloyd's 
ty^on 6 s d T P osed b y the committee on distilled spirits of Jamaica proof, £° n * f eg "" 
rits, lost, from 15 to 12 cents per gallon. The reduction was supported 125—135. 
by Mr. Jackson, of Georgia, Mr. Wadsworth, of Connecticut, 
Mr. Lawrance, and Mr. Tucker; the last gentleman proposing 
to strike off seven cents from the fifteen; and was opposed by Mr. 
Madison, and Mr. Fitzsimons. On the succeeding day, the mo- 
tion of Mr. Boudinot was negatived. 
Discrimi- It was then moved by Mr. Smith, of Maryland, that a duty of id. p. 135 
nation in s j x cen ts per gallon be laid on all spirits of Jamaica proof, im- ~~ 143 * 
allies. ported from the dominions of nations in alliance. The motion 

was sustained by Mr. Lee, Mr. Page, and Mr. Madison; and 
was opposed by Mr. Lawrance, Mr. Fitzsimons, and Mr. Sher- 
man. The question was then carried in the affirmative, and 
the duties were ordered to be, on all spirits of Jamaica proof, im- 
ported from nations in alliance, twelve cents per gallon; on all 
other spirits, from the same nations, ten cents. 
Madeira Mr. Boudinot then moved to reduce the duty on Madeira 
wine re- w i n e to twenty-Jive cents per gallon, in which motion Mr. Ma- 
other dison acquiesced; and, after an unsuccessful effort by Mr. Fitz- 



wines. 



simons to keep the duty at the rate imposed by the committee, 
the house agreed to the reduction. The duty on all other wines 



HISTORY OF CONGRESS. 307 



Chap. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



1st congress, was then reduced from twenty cents to fifteen. The duty on 
. barley and lime, was, on motion of Mr. Ames, stricken out; on 

lime, and shoes the duty was reduced from ten to seven cents. 

shoes. Q n the 27th, the house resumed the subject, when a proposi- H. Journal, 

tion was made by Mr. Fitzsimons, that a duty of 100 cents belaid p * 
on cables and cordage, instead of the fifty cents laid on in com- 
mittee. Mr. Madison moved seventy -five cents; and the motion of Lloyd's 
Mr. Fitzsimons being negatived, that of Mr. Madison was agreed v °j n * j e ^' 
to. Mr. Fitzsimons then proposed that tarred cordage should 144. 
be taxed ninety cents, which was agreed to. On motion of Mr. 
Heister, a duty of sixty cents upon hemp was then agreed to, 
but not to take place till the 31st of December, 1790. The duty 
on twine and pack-thread was then raised to 200 cents for every 
112 lbs. 
Molasses. The subject of molasses was then taken up for discussion, id. p. 146 
Mr. Goodhue having introduced it with some remarks on the ~" 1 ' 2, 
exorbitance of the duty. The debate was continued through 
the 27th, and the whole of the 28th, and resulted in the rejection 
of a motion to strike out the duty of six cents. The reduction 
of the duty was desired by Mr. Sherman, Mr. Goodhue, Mr. 
Gerry, Mr. Sylvester, Mr. Wadsworth, Mr. Thatcher, Mr. Bou- 
dinot, and Mr. Ames; and opposed by Mr. Jackson, Mr. Madison, 
and Mr. Fitzsimons, in speeches of some length, and indicative 
of more temper than any discussion which had preceded it. Af- 
ter this question was disposed of, Mr. Fitzsimons renewed his 

Drawback motion, which was negatived in committee, that a drawback of 

ported! CX three cents per gallon be allowed on all rum distilled in the 
United States, and which shall be exported without the limits 
thereof, and this motion was agreed to. The first resolution of 
the committee was then agreed to, in the following amended 
form: — 

Resolution " Resolved — That it is the opinion of this committee, that the H. Journal, 
as^ amen - f ii ow j n g duties ought to be laid on goods, wares, and merchan- P* 21 — 23 « 
dises, imported into the United States, namely : — 

IJT CENTS. 

" On all distilled spirits, of Jamaica proof, imported from 
any state or kingdom in alliance with the United 
States, per gallon, . . . . . 12 

" On all other distilled spirits, imported from any such 

state or kingdom, per gallon, .... 10 

" On all distilled spirits of Jamaica proof, imported from 
any state or kingdom not in alliance with the 
United States, per gallon, . . . . 15 



308 



HISTORY OF CONGRESS, 



Cillp. III. 



National Revenue — Imposts, and Tonnage Duties. 



1789. 



1st Congress. 
1st Session.] 

Resolution 
as amend- 
ed. 



" On all other distilled spirits, imported from any such 

state or kingdom, per gallon, .... 
" On molasses, per gallon, . 
« On Madeira wine, per gallon, . 
& On all other wines, per gallon, .... 
" On every gallon of beer, ale, or porter, imported in casks 
" On all beer, ale, or porter, imported in bottles, per doz., 

* On malt, per bushel, .... 
" On brown sugars, per lb. , 
" On loaf sugars, per lb., 
fi On all other sugars, per lb., 
" On coffee, per lb., 

" On cocoa, per lb., .... 

" On all candles of tallow, per lb., . 
li On all candles of wax and spermaceti, per lb 

* On cheese, per lb., .... 
" On soap, per lb., 
" On boots, per pair, .... 

* On all shoes, slippers, or golo-shoes, made of leather, 

per pair, ..... 

" On all shoes, or slippers, made of silk or stuff, per pair, 

* On cables, for every cwt., 
"On tarred cordage^for every 112 lbs., . 

* On untarred do. and yarn, for every 112 lb 
" On twine or pack-thread, for every 112 lbs., 
" On hemp, per cwt., after the first of December, 1789, 

* On all steel, unwrought, for every 112 lbs., 
" On all nails and spikes, per lb., 
" On salt, per bushel, except such as shall be used on fish 

and provisions exported, 
" On manufactured tobacco, per lb., . .1 
" On snuff, per lb., .... 

" On every dozen of wool or cotton cards, 
" On every bushel of coal, 
" On pickled fish, per barrel, . 
" On dried fish, per quintal, 
" On all teas imported from China or India, in ships built 

in the United States, and belonging to a citizen or 

citizens thereof, as follows: — 
* On Bohea tea, per lb., .... 
" On all Souchong, and other black teas, per lb., 
" On superior green teas, per lb., . 
u On all other teas, per lb., 



CENTS. 

12 

6 
25 
15 
, 8 
25 
10 

1 

3 

If 

li 
1 
2 
6 
4 
2 
50 

7 
10 
75 
75 
90 
200 
60 
56 
1 

6 
6 
10 
50 
3 
75 
50 



6 
10 
20 
10 



HISTORY OF CONGRESS. 



309 



Chap. III. 



National Revenue— Imposts, and Tonnage Duties. 



1789. 



1st Congress 
1st Session. 



Resolution 
as amend* 
ed. 



" On all teas, imported from any other country, or from 
India or China, in ships which are not the proper- 
ty of a citizen or citizens of the United States, as 
follows:— cent 

" On Bohea tea, per lb. 10 

" On all Souchong and other black teas, per lb., . 15 

" On superior green tea, per lb., .... 30 

" On all other green teas, per lb., .... 18 

" On all window and other glass, except black quart 
bottles, ten per cent, ad valorem. 

" On all blank books, 

"On all writing, printing, wrapping-paper, paper ^ 
hangings, and paste-board, 

" On all cabinet wares, . . . . . 

i( On all buttons of metal . . 

" On all saddles, 

" On all gloves of leather, . . . . 

" On all hats of beaver, fur, wool, or mixture of ei- 
ther, ....... 

" On all millinery, ...... 

" On all castings of iron, and upon slit or rolled iron, y§ 

" On all leather tanned or tawed, and on all manu- 
factures of leather, except such as shall be 
otherwise rated, 

" On canes, walking-sticks, and whips, . 

" On clothing, ready made, .... 

" On gold, silver, and plated ware, and on jewellery 
aad paste work, . 

" On anchors, and 

'* On all wrought tin and pewter ware, . 

" On every coach, chariot, or other four-wheel carriage, and 
on every chaise, solo, or other two- wheel carriage, or parts 
thereof, fifteen per cent, ad valorem. 

** On all other articles,,/^ per cent, on their value at the time 
and place of importation, except as follows: Tin in pigs, 
tin plates, lead, old pewter, brass, iron, or brass wire, 
copper in plates, wool, dyeing woods, and dyeing drugs, 
(other than indigo,) raw hides, beaver and all other furs, 
and deer skins. Provided — That a drawback of six cents 
per gallon be allowed on all rum distilled in the United 
States, and which shall be exported without the limits 
thereof. 
" Also, That all the duties paid or secured to be paid upon 



Slf HBTOKT OF 



C^».m. V!:.:::.:^;.:--;,;,:: i;:7:::w::.^ t78ft 




goods imported, shall be returned, or discharged upon such of the 
said goods, as shall within months be exported to any coun- 
try, without the limits of the United States, except so much as 
shall be necessary to defray the expense that may have accrued 
by the entry and safe keeping thereof 

On motion of Mr. Ma d is on , the clauses of the report resp e c tin g Lkntfs , 
the duty to be laid on tonnage, were, for the present, postponed. ^ £**£ 
It was then resferf- « That this house doth concur with the 173. 
t^w«*—« »' committee in the said resolution, and that Mr. Oymer, Mr. H. J«a^ 
White, and Mr. Baldwin, do prepare and bring in a bill, or bills, 
pursuant thereto." 

Committee In the mean time, on the 29 th of April, Messrs. Onerry, Smith, H. p. 23 — 
"" ■"•- of Maryland, and Parker, were appointed by the house, a com- 
mittee to prepare and report an estimate of the supplies requi- 
site for the present year, and of the nett produce of the impost, 
as agreed to by the house ; and on the 8th of May, the house 
iz:z:zi the ::'.'.:"izz crier: — 

" Ordered — That the committee appointed on the 29th ultimo, 
to report an estimate of the supplies requisite lor the present 
year, and of the nett produce of the impost, as agreed to by the 
house, be authorized and ins true ted to collect early and authen- 
tic statements of the particular articles of foreign produce and 
manufactures annually imported into, and of all the articles ex- 
ported from, the several states, and the value of such imports 
and exports; also, the number of vessels* both foreign and do- 
mestic, entered and cleared during that time, specifying their 
tonnage, and the nations to which they respectively belong: spe- 
cifying, also, the exact numbers of each particular description of 
vessels, of each nation, and the amount of tonnage of each par- 
ticular vesseL" 

On the 4th of May, the house proceeded to consider the ton- Id. p. 27. 
nage clauses reported by the committee of the whole. Consi- 
derable discussion took place on the subject of the discrimina- 
tion proposed, Mr. Lawrance moving to strike it out; and this mo- Llopffii 
tion was opposed by Mr. Madison. Mr. Clymer, Mr. Page, and Mr. JJ" ?*£ 
Jackson; and was supported by Mr. Wadsworth and Mr. Sher- 179-196. 
man. The house came to no derision on the question during 
that day. On the 5tb, Mr. Jackson moved to reduce the ton- "li- 
nage duty from thirty to twenty cents, with a view of reducing the 
tonnage on the vessels of powers not in alliance. 
opposed by Mr. Ames. Mr. Madtaw, to harmonize the 



..'. 



HISTORY OF CONGRESS. 31 1 



CHAP. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



1st congress, ing opinions which were thrown out, proposed to reduce the pre- 
sent duty to 25 cents, and increase it at the end of the next year 
to 60 cents. The discussion of this question was resumed on the Lloyd's 
6th, when the motion to reduce from thirty to twenty cents was V qi ' - u p' 
negatived. On the 7th, Mr. Madison moved to reduce the duty 225—237. 
to forty cents, and, at the end of the year 1790, to increase it to Id. p. 238 
seventy-Jive cents. After much discussion, this motion was nega- 
tived. The house then agreed to the last resolution reported by 
the committee, so annexed as to read as follows : — 

Resolution " Resolved — That there ought to be levied on all vessels en- H. Journal, 
^ amend- tered Qr c j eared in the United States, the duties following, to P* 30 ' 31 ' 
wit: — 

" On all vessels built within the United States, and belonging 
wholly to citizens thereof, at the rate of six cents per ton. 

" On all vessels not built within the United States, but now 
belonging wholly to citizens thereof, at the rate of six cents per 
ton. 

ce On all vessels belonging wholly to the subjects of powers 
with whom the United States have formed treaties; or partly to 
the subjects of such powers, and partly to the citizens of the said 
states, at the rate of thirty cents per ton. 

" On all vessels belonging wholly or in part to the subjects of 
other powers, at the rate of fifty cents per ton. 

" Provided — That no vessel, built within the United States, 
and belonging to a citizen or citizens thereof, whilst employed 
in the coasting trade, or in the fisheries, shall pay tonnage more 
than once in any one year: nor shall any ship or vessel, built 
within the United States, pay tonnage on her first voyage. 

" Provided, also — That no vessel be employed in the transpor- 
tation of the produce or manufactures of the United States, or 
any of them, coastwise, except such vessels shall be built with- 
in the United States, and the property of a citizen or citizens 
thereof." 

Committee Messrs. Wadsworth, Heister, and Seney, were then appointed 

to prepare £ prepare and bring in a bill, or bills, pursuant to the said reso- 
lution. 

First tariff 1° tne m ean time, on the 5th of May, Mr. Clymer, from the id.p.28,29. 

bill- committee appointed for that purpose, presented a bill ff for lay- 

ing a duty on goods, wares, and merchandises, imported into 
the United States," which received then its first reading; and, 
on the 6th, was read a second time, and committed to a com- id. p. 31 — 
. mittee of the whole house, to-morrow. The bill was discussed ° 5, 



312 HISTORY OF CONGRESS. 



Chap. EI. National Revenue— Imposts, and Tonnage Duties. 1789. 



1st confess, in committee on the 8th, 9th, 11th, 12th, 13th, and 14th. Mr. 

" — ~ Tucker commenced the debate, and moved that the duty on dis- Lloj-d's 

tilled spirits be reduced six cents per gallon. After discussion, ^ n " . e ^» 
the motion was rejected: ayes, 19; noes, 26. The subject of 250— 255. 
Molasses molasses occupied the committee during the 11th and 12th, when 

?cents. ° tne ^ ut y °f s * x cents was stricken out by a vote of 24 to 22. It 

was then moved to fill the blank with two, three, four, and^/zve; Id. p. 291 
and five was ultimately agreed to: ayes, 25; noes, 23. On the 
13th, the bill was amended by the insertion, on the motion of 
Mr. Ames, of an impost of seven and one half per cent, on chi- 
na, earthen, and stone ware, and looking-glasses and brushes. 
Mr. Ames also moved to include gunpowder, but the motion was 
negatived. Mr. Parker, of Virginia, also proposed the insertion id. p. 305 
of a clause imposing a duty on the importation of slaves, of ten "~" 3 3 * 
dollars for each person; but, after some debate, he withdrew his 
motion, on the suggestion of Mr. Madison, that it would be best to 
make this item the subject of a distinct bill. Mr. Smith, on 
the 14th, moved to add a clause, allowing a drawback of ten per 
cent, on the duty payable on all goods imported in American 
vessels, owned and navigated according to law, by citizens of the 

BUlamend- United States; which was agreed to: ayes, 30; noes, 16. The H. Journal, 
bill was then reported with the amendments, which were agreed V-°°> ° • 
to by the House; and it was ordered that the bill, with the amend- 
ments, be engrossed for a third reading. On the 15th, the bill was 
read a third time, and, on motion, was ordered to be recommitted 
to a committee of the whole house, immediately. The house 
then resolved itself into committee on the bill, Mr. Page in the 
chair; and, after some time, the bill was again reported with se- 
veral amendments, which were agreed to by the house. Mr. 
Mr. Madi- Madison then moved further to amend the bill, by adding at the Lloyd's 

son'sclause enc j hereof, a clause, limiting the time of its continuance, which Co . n - J*^-' 

limiting . . v °l- l - P* 

the dura- brought on a renewed discussion of the policy and general prin- 316—344. 

tionof the c jp] es f tne bj]] ? continuing through the greater part of that 
day and the next. Mr. Madison stated that the words he would 
propose, were: that this act should not continue and be in force 

longer than the day of- , unless otherwise limited 

by the act providing for the appropriation. Being thrown into its 
proper form, the amendment was — " And be it further enact- 
ed, by the authority aforesaid — That this act shall be in force 

until the day of , and from thence until the end 

of the next session of Congress, which shall happen thereafter." 
Mr. Lawrance required the ayes and noes on this question. Mr. 
Madison subsequently withdrew his motion, in order to intro- 



HISTORY OF CONGRESS. 313 



CHAP. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



let congress, duce a substitute, that this act shall not continue in force after 

1st Session. . . . 

the day of , unless otherwise provided in the act 

for the appropriation of the revenue. He expressed himself 
willing to fill the blank with a more distant day than had been 
intended. The latter part of the clause was objected to; and, 
after a division of the question, at the requisition of Mr. Smith, 
of South Carolina, that part was stricken out. The question then 
stood as it was originally introduced by Mr. Madison, as follows — 
" And be it further enacted, by the authority aforesaid — That this 

act shall continue and be in force, until the day of , 

and from thence until the end of the next succeeding session of 
Congress, which shall happen thereafter." The previous ques- 
tion was then demanded by five members : " Shall the main ques- 
tion be now put?" And, on this question, it was determined in 
the affirmative. And then the main question, that the House do 
agree to the amendment, was put, and decided in the affirmative, 
by the following vote: — 

Agreed to. Ayes — Messrs. Baldwin, Benson, Bland, Burke, Carroll, Coles, H. Journal, 
Contee, Fitzsimons, Floyd, Gale, Gerry, Gilman, Goodhue, Grif- p * '* 
fin, Grout, Hathorn, Heister, Huntington, Jackson, Lee, Leo- 
nard, Liver more, Madison, jr., Moore, Muhlenberg, Page, Parker, 
Partridge, Van Rensselaer, Seney, Scott, Smith, of Maryland, 
Smith, of South Carolina, Sturges, Silvester, Trumbull, Tucker, 
Vining, Wadsworth, White, Wynkoop. — 41. 

Noes — Messrs. Ames, Boudinot, Cadwalader, Clymer, Law- 
rance, Sherman, Sinnickson, Thatcher. — 8. 

Bill passed The bill was then engrossed, read a third time, and passed. 

by House. j n the Senate, the bill was read a first time on the 18th; and, S. Journal, 

27—32 

on the question of its second reading, the Senate were occupied p ' 
on the 25th, 28th, 29th, and on the 1st, 2d, 3d, 4th, 5th, and 8th 
of June ; when it was agreed that Messrs. Ellsworth, Morris, Lee, 
Butler, and Dalton, should be a committee to consider and report 
the expediency of adding a clause, prohibiting the importation of 
goods from China or India, in ships or vessels, other than those be- 
longing to the citizens of the United States. On the 9th, the bill Id, p- 32, 
was ordered to a third reading, on the following Wednesday ; and, 
on the 10th and 11th, the bill was read a third time, and con- 
curred in with the following amendments: — 
Amend- " Page 1, line 1. At A insert, 'for the discharge of the debts 
ments of of tbe United States.' 

tnp ^5 prints 

" Line 3. Strike out ' Congress,' and insert * Senate and Re- 
presentatives;' and, after the words < United States,' insert, 'of 
America, in Congress assembled.' 

Vol. I.— 40 



314 HISTORY OF CONGRESS. 



Chap. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



1st congress. « Line 4. Expunge ' fifteenth day of June,' and insert, ' first 

1 st Sess ion. r o j 

day of July.' 

meita Cn of " Line 7 * Strike out the words fo l lowi «g : - ° n a11 distilled spi- 
Senate. rits, of Jamaica proof, imported from the European dominions of 
any state or kingdom, having a commercial treaty with the United 
States, per gallon, 12 cents.' 

"On all other distilled spirits, imported from the European do- 
minions of such state or kingdom, per gallon,. 10 cents. 

" Line 10. Strike out the word ' other.' 

" 11. Strike out ' 15,' and insert ' 10/ 

" 12. Strike out < 12/ and insert ' 8/ 

"- 13. Strikeout '5,' and insert ' 3.' 

" 14. Strike out * 25,' and insert ' 18/ 

" 15. Strike out ' 15,' and insert ' 10.' 

" 16. Strike out t 8,' and insert ' 5.' 

" 17. Strike out '25,' and insert ' 16.' 

" Page 2, lines 1 and 2. Strike out * 75,' and insert « 60.' 

" 4. Strike out '200,' and insert '150.' 

« io. At B, insert, ' On Indigo, per pound, 16 cts.' 

" 11. Strike out ^3,' and insert '1.' 

" 15. At E, insert, 'or in ships or vessels built in 

foreign countries; and on the sixteenth day of May last, wholly 
the property of a citizen or citizens of the United States, and so 
continuing until the time of importation.' 

"Page 2, line 19. Strike out '10,' and insert ' 12.' 

« _ 20. Strike out the words following : ' On all teas, 

imported from any country other than China or India, in any ship 
or vessel whatsoever, or from China or India in any ship or ves- 
sel which is not wholly the property of a citizen or citizens of the 
United States, as follows : — 

" ' On Bohea tea, per pound, ten cents. 

" ' On all Souchong, and other black teas, per pound, fifteen 
cents. 

" ' On all Hyson teas, per pound, thirty cents. 

" ' On all other green teas, per pound, eighteen cents.' 

" And insert, ' On all teas imported from Europe, in ships or 
vessels built in the United States, and belonging wholly to a citi- 
zen or citizens thereof, or in ships or vessels built in foreign coun- 
tries; and on the sixteenth day of May last, wholly the property 
of a citizen or citizens of the United States, and so continuing 
until the time of importation, as follows: — 

" On Bohea tea, per pound, eight cents. 

" On all Souchong, and other black teas, per pound, thirteen 
cents. 



HISTORY OF CONGRESS. 815 



CHAP. IH. National Revenue— Imposts, and Tonnnge Duties. 1789. 



1st congress. "On all Hyson teas, per pound, twenty-six cents. 

" On all other green teas, per pound, sixteen cents. 
menfeT^of " ^ n a ^ teas imported in any other manner than as above- 
Senate, mentioned, as follows: — 

" On Bohea tea, per pound, fifteen cents. 

" On all Souchong, and other black teas, per pound, twenty- 
two cents. 

" On all Hyson teas, per pound, forty-five cents. 

" On all other green teas, per pound, twenty-seven cents. 

" On all goods, wares, and merchandises, other than teas, im- 
ported from China or India, in ships not built in the United 
States, and not wholly the property of a citizen or citizens there- 
of, nor in vessels built in foreign countries, and, on the 16th day 
of May last, wholly the property of a citizen or citizens of the 
. United States, and so continuing until the time of importation, 
twelve and a half per centum ad volorem. 

" At C, insert * On gunpowder,' and * on all paints ground in 
oil, ten per centum ad valorem. 1 

" Line 32, strike out ' 71,' and insert ' 10.' 

" And in the same line, strike out 'of metal.' 

" At K, insert ' on shoe and knee buckles, ten per centum ad 
valorem 1 

" Page 2, lines 33 and 34, strike out ' 7 J,' and insert e 10.' 

"Page 3, lines 1, 2, 3, 6, 9, 10, strike out <7^,' and insert 
'10.' 

" At L, insert ' on gold and silver lace, on gold and silver leaf, 
ten per centum ad valorem. 

" \ And that all the articles dutied ad valorem, be arranged to- 
gether under their respective rates.' 

" At M, insert ' on playing cards, per pack, ten cents.' 

"Line 17, after 'wool,' insert 'cotton,' and strike out the x 

words 'other than indigo.' 

" Line 21, insert after sixty cents, ' and on cotton, per pound, 
three cents.' 

" Page 4, line 1, strike out the following words : ' And be it fur- H. Journal, 
ther enacted, by the authority aforesaid — That there shall be allowed p ' 
and paid on every gallon of rum distilled within the United 
States, and exported beyond the limits of the same, in conside- 
ration of the duty on the importation of the molasses from which 
the said rum shall have been distilled, six cents.' 

"Page 3, line 23, at N, insert ' except on distilled spirits, other 
than brandy and Geneva.' 

" Line 25, at O, insert, 'as settled by the late treaty of 
peace.' 



316 HISTORY OF CONGRESS. 



CttAP. ni. National Re venae— Imposts, and Tonnage Duties. 



1st congress. "Page 4, line 7. at P, insert 'or in vessels built in foreign 

-jion. 

countries, and, on the 16th day of May last, wholly the property 
menls^f ° 4 * a citizen <* citizens of the United States, and so continuing, 

Senate. until the time of importation.' " 

On the 15th and 16th of June, the House considered the 
amendments made by the Senate, and adopted a resolution, in 
the following form: — 

House a- " Resolzed — That this house doth agree to the first, eighth, n. Journal, 
|£^ to ninth, tenth, sixteenth, eighteenth, nineteenth, twentieth, twen- ***** 
ty-first, twenty-third, thirty-first, thirty-third, thirty- fourth, thir- 
ty-fifth, thirty-sixth, thirty-seventh, thirty -eighth, thirty-ninth, 
and fortieth amendments. 
Disagree " And doth disagree to the second fourth, fifth, sixth, seventh, 
toothers. e i event h, twelfth, thirteenth, fourteenth, fifteenth, seventeenth, 
twenty -second, twenty-fourth, twenty-fifth, twenty-sixth, twenty- 
seventh, twenty -eighth, twenty-ninth, thirtieth, and thirty-second 
amendments.** 

The third amendment was then agreed to with an amend- 
ment, by striking out the word " July " proposed to be inserted 
bv the Senate, and inserting, in lieu thereof, the word "Au- 
gust." 
Senate in- On the ISth and 19th, the Senate resumed the consideration s. Journal, 

^ on of the subject, and insisted on their second, fourth, fifth, sixth, P' 35 ' 

some. J ' .... 

Recede seventh, eleventh, twelfth, and seventeenth amendments, and re- 
fi" 001 ceded from their third, thirteenth, fourteenth, fifteenth, twenty- 

second, twenty-fourth, twenty-fifth, twenty-sixth, twenty-se- 
venth, twenty-eighth, twenty-ninth, thirtieth, and thirty-second 
amendments. 

The House of Representatives, on the 24th, considered the me3- h. Journal, 
age sent from the Senate, and receded from their disagreement P* 5;3 * 
to the second amendment, agreeing to that amendment, with an 
amendment, by inserting after the words, " Senate and,' 7 the 
House de- words u House of." The house insisted on their disagreement 
sire a con- { the fourth and fifth amendments to the bill; and requested a 
conference with the Senate, on the subject matter of the sixth, 
seventh, eleventh, twelfth, and seventeenth amendments; ap- 
pointing Messrs- Boudinot, Fitzsimons, and Madison, to be ma- 
nagers on the part of the House. 

On the 25th, the Senate deliberated upon the decision of the S. Journal, 
House, and so far receded from their second amendment, as to p * 
concur in the modification which had been made bv the House. 
The following resolution was at the same time adopted: — 



. 



HISTORY OF CONGRESS. 317 



III. National Revenue— Imposts, and Tonnage Duties. 1789. 



ist congress. " Resolved — That the Senate do still insist on the fourth and 

■ — - fifth amendments, but have agreed to the proposed conference; and 

Senate a- naye enar g e( j their managers to confer with those of the House of 
confer- Representatives, as well on the said fourth and fifth amendments, 
ence ' as on the other amendments, on which the House of Represent- 

atives have requested a conference; and the Senate request that 
the House of Representatives will also charge their managers to 
confer with those of the Senate, on the said fourth and fifth 
amendments: and that Mr. Morris, Mr. Lee, and Mr. Ellsworth, s. Journal, 
be the managers on the part of the Senate." p " 

Mr. Morris in the Senate, and Mr. Boudinot in the House, H. Journal, 
made a report from the managers on the 27th. The House im- P* 54 > 55 ' 
mediately proceeded to act upon the report, and receded from 
their disagreement to the fourth, fifth, sixth, seventh, eleventh, 
twelfth, and seventeenth amendments, agreeing to these several 
amendments, with the following amendments to the twelfth and 
seventeenth amendments: — 

Difference "In the twelfth amendment, strike out 'sixteen,' and insert 
adjusted, (twenty.' 

"In the seventeenth amendment, strike out 'one/ and insert 
< two.' " 

This decision having been communicated to the Senate, that 
body so far receded from their twelfth and seventeenth amend- 
ments, as to concur in the modifications of them made by the 
House of Representatives. 
Bill impos- In the mean time, Mr. Wadsworth, from the committee ap- id. p. 41. 

ing- duties pointed on the 7th of May, presented a bill imposing: duties on 
on tonnage. r . , . \, ,. , 

tonnage, which received its first reading on the 25th, and was 

read a second time and committed on the following day. On 
the 27th, the bill was considered and amended in committee of 
the whole, and on the 28th the amendments were agreed to, and 
the bill was ordered to be engrossed for a third reading. On id. p. 42. 
Passed in the 29th of May, the bill was read a third time and passed in 
House. the House. The bill did not receive its first reading in the Se- g. journal, 
nate until the 9th of June, the tariff bill being under discussion. P- 32 - 34 « 
It was taken up on its second reading, and discussed on the 15th 
and 16th of June. And on the 19th, the bill was read a third 
time and concurred in with the following amendments: — 
Amend- " Line 1. Strike out ' the Congress of the United States,' and 
ments m j nser t < the Senate and Representatives of the United States of 
America, in Congress assembled.' 

* :( Line 4. Strike out at A, c now belonging,' and insert 'on 



318 



HISTORY OF CONGRESS. 



Chap. m. 



National Revenue — Imposts, and Tonnage Duties. 



17S9. 






Amend- 
ments in 
Senate. 



House dis- 
agree to 
some a- 
mend- 
ments. 



Confer- 
4ence. 



the 29th day of May. 17S9, belonging; and during the time such 
ships or vessels shall continue to belong.' 

-Lines 5, 6, 7. Strike out from C to D; namely: ' On all 
ships, 7 fee, and insert 'on all ships or vessels hereafter built in 
the United States, belonging wholly or in part to subjects of fo- 
reign powers, at the rate of 20 cents per ton.' 

" Line 7. Nest after the words ' on all/ insert 'other.' 

" S. Strike out from EtoF; namely: 'Belonging wholly s. Journal, 

or in part to subjects of other powers.' P* 3o - 

•'•' Lines 9 and 10. Strike out from G to H; namely: ' On all 
ships,' Sac. 

" Line 14. Strike out B no, ? and ' shall be,' and insert 'every.' 

" 17. Insert after 'citizens thereof,' ' shall on each entry 

pay fifty cents per ton.' 

"Line 19. Strike out •' June/ and insert ' July/' " 

The House of Representatives considered these amendments 
on the 24th, and determined to agree to the first, second, and 
ninth amendments, the first and ninth to be amended as follows : — 

" In the first amendment, after the words ' Senate and,' insert h. Journal, 
' House of. " " P- 53 ' 

" In the ninth amendment, strike out the word * July,' and in- 
sert ' August/ " 

The House, at the same time, disagreed to the third, fourth, 
fifth, sixth, seventh, and eighth amendments to the bill: desired a 
conference with the Senate upon the subject matter of these 
amendments, and appointed Messrs. Boudinot, Fitzsimons, and 
Madison, to be managers on the part of the House. 

The Senate, on the 25th, concurred in the modifications pro- S. Journal, 
posed by the House of Representatives in their first and ninth p- °'' 
amendments, and appointed Messrs. Morris, Lee. and Ellsworth, 
to be a committee to confer with the committee of the House 
upon the disagreement of the two houses on the other amend- 
ments. 

Mr. Boudinot made a report from the managers on the 27th, h. Journal, 
when the House receded from their disagreement to the third, P* 
seventh, and eighth amendments, agreeing to these amendments, 
with the following amendment to the third ; namely : in lieu of 
striking out the clause, as proposed by the Senate, to retain the 
same, and to add to the end thereof, the words proposed to be in- 
serted by the Senate, amended to read thus : " On all ships or 
vessels, hereafter built in the United States, belonging wholly, or 
in part, to subjects of foreign powers, at the rate of thirty cents 



55. 



HISTORY OF CONGRESS. 319 



Chap. ETC. National Revenue— Imposts, and Tonnage Duties. 1789. 



1st congress, per ton. The House also i?isisted on their disagreement to the 

1st Sessio n. * . ° 

' fourth, fifth, and sixth amendments. 

On the 30 th, the Senate resolved to adhere to their third, S. Journal, 
fourth, fifth, and sixth amendments, but so far to concur in the p * 
amendment of the House in the third amendment, as to agree 
to the insertion of the words proposed by that house. 

The question came again before the House of Representatives H. Journal, 
on the 1st of July, when it was moved to recede from the disa- p * 56> 57 ' 
greement to the different amendments, to which the Senate had 
Passed, adhered. And this motion was decided in the affirmative, by the 
following vote : — 

Ayes — Messrs. Ames, Baldwin, Benson, Burke, Cadwalader, 
Fitzsimons, Gerry, Gilman, Goodhue, Hathorn, Huntington, Jack- 
son, Lawrance, Lee, Livermore, Mathews, Moore, Partridge, 
Sedgwick, Sherman,. Sinnickson, Smith, of Maryland, Smith, of 
South Carolina, Stone, Silvester, Thatcher, Trumbull, Tucker, 
Wadsworth, White, Wynkoop. — 31. 

Noes — Messrs. Boudinot, Brown, Carroll, Clymer, Coles, Con- 
tee, Griffin, Grout, Hartley, Madison, jr., Muhlenberg, Page, 
Parker, Van Rensselaer, Scott, Seney, Sturges, Sumpter, Vining. 
—19. 

BUI for col- In pursuance to an order of the House of Representatives, on id. p. 31, 

kctmg du- fae 8th of May, Mr. Gerry, from the committee appointed on the 
11th of April, presented a bill for collecting duties on goods, 
wares, and merchandises, imported into the United States, which 
was read a first time. On the next day, it received its second 
reading, and was committed to a committee of the whole house. Id. p. 37".. 
On the 18th, the bill was taken up in committee, when it was Lloyd's 
opposed by Mr. Lawrance, Mr. Huntington, Mr. Jaekson, and Co ] n ' ^ff** 
Mr. Vining y as inadequate, unconstitutional, imperfect, and unfit 345, 346~ 
for the purposes for which it was intended. Mr. Vining expressed 
a hope that the committee would rise, as the best mode of get- 
ting rid of the bill. This was agreed to, when Mr. Page, the 
chairman, said he was at a loss to make a regular report, as the 
committee had given no particular instructions ; but, the truth 

Laid on ta- was, they desired to have nothing more to do with the bill. The 

bIe - committee then rose, and the chairman reported that, according 

to order, they had had the bill under consideration, and gone 
through the same, and made no amendment thereto. The bill 
was then ordered to lie on the table; and there it was suffered 
to remain. 
Bill to re- On the 27th of May, Mr. Fitzsimons, from the same commit- h. Journal^ 

foU^ctio^ 6 tee ' P resented a Dil1 to regulate the collection of duties imposed P- 41 * 

of duties. 



320 x HISTORY OF CONGRESS. 



Chap. HT. National Revenue— Imposts, and Tonnage Duties. 1789. 



1st congress, on goods, wares, and merchandises, imparted into the United 

1st Sessio n. & T 

States, which was then read a first time. It received its second h. Journal, 
Commit- reading on the 29th, and was committed. The bill was consi- P: 43— 48 * 
ted - dered in committee on the 1st, 2d, 3d, 4th, 5th, 9th, 10th, 11th, 

12th, and 13th of June, and on the last named day, the commit- 
tee of the whole were discharged from the further consideration 
of the bill, and it was referred to a special committee, consisting 
of Messrs. Goodhue, Fitzsimons, Lawrance, Jackson, Burke, Li- 
vermore, and Sherman. 
Newbillre- On the 29th of June, Mr. Goodhue, from this committee, re- id, -p. 55 — 
ported. ported that the committee had prepared an entire new bill, as an 59, 
amendment and substitute to the former bill, which was read and 
committed to a committee of the whole house. The bill was 
Consider- considered in committee on the 2d, 3d, 6th, 7th, 8th, 9th, and 10th id.p.60,61. 
mssed bv °^ ^ U V? an d> Qn tne * ast nam ed day, the committee reported va- 
House. rious amendments, which, on the 1 Ith, were again amended; and 
the bill was ordered to a third reading. And, on the 14th, the 
blanks being filled up, the bill was passed, with the following 
title: "An act to regulate the collection of the duties imposed 
by law on the tonnage of ships or vessels, and on goods, wares, 
and merchandises, imported into the United States." 
Bill in Se- The Senate ordered the bill to be read a first time on the 15th, s. Journal, 
1iate " and to receive its second reading on the 17th. The bill, on its P* 42 > 43 * 

second reading, however, was not taken up until the 20th, when, 
Commit- after debate, it was committed to Messrs. Morris, Langdon, Car- 
ted * roll, Dalton, and Lee, to report such additions and alterations as 

they may judge requisite. The bill was again discussed on the id, p. 44, 
following day; and, on the 23d, it was again taken up, and it was 
then moved to expunge the clause, providing, " that oaths shall 
be administered to the master, or other persons having the charge 
or command of any ship or vessel," and to substitute the words, 
" and the owner's and master's declaration, with penalties for 
false entry;" but the motion was determined in the negative. 
The bill received its third reading on the 27th, and was concur- 
red in with the amendments which are subjoined. 
Amend- "Page 1, line 4. After 'law,' strike out ( upon/ and insert Id. p,45. 

ments of t on ^ e tonnage of ships and vessels, and on.' 
the Senate. ° * ■ ■ 7 

" Line 25. After < Medford,' insert ' Cohasset.' 

" Page 4, line 9. After ' also,' strike out ' a,' and insert 
'two.' Strike out ' to reside at the city of Hudson,' and in- 
sert — 

^ Line 10. 'One to reside at the city of Albany, and the 
other at the city of Hudson.' 



HISTORY OF CONGRESS. 321 



Chap. HI. National Revenue— Imposts, and Tonnage Duties. 1789. 



istcongress. "Line 13. After ' Burlington, and,' strike out ' Greenwich/ 

1st Sess ion. ° 7 7 

*~ and insert ' Bridgetown. 

mentT^of " Line 24, Strike out ' Greenwich,' and insert ' Bridgetown/ 
Senate. " 27. After < Salem,' insert ' Port Elizabeth, or,' and af- 

ter ' Maurice river,' insert ' Stillwell's landing on.' 

" Line 28. Strike out * Greenwich,' and insert ' Bridgetown.' 

"Page 5, line 5. After ' annexed,' insert 'Newcastle, and.' 
Strike out ' a' after < as,' and insert 's' after ' port,' in the se- 
cond place. 

" Line 11. After ' river shall be,' strike out ' constituted.' 

" 12. After ' Baltimore,' insert ' which shall be the sole 

port of entry.' 

" Line 15. Strike out ' constituted/ 

" 16. After ' Chester,' insert ' which shall be the sole 

port of entry.' 

" Line 17. After * inclusive,' insert 'and Cambridge shall be 
a port of delivery only.' 

" Line 18. After ' Oxford,' insert ' which shall be the sole 
port of entry.' 

" Line 20. After ' inclusive,' insert ' and Salisbury shall be a 
port of delivery only.' 

" Line 21. After ' Vienna,' insert ' which shall be the sole 
port of entry.' 

" Line 24. Strike out ' constituted.' 

" 25. After ' Snow-Hill,' insert ' which shall be the sole 

port of entry.' 

"Page 6, line 11. Strike out 'ten,' and insert 'twelve.' Af- 
ter ' to wit,' insert ' Hampton, as one port' 

6 < Line 12. After ' Tappahannock,' insert ' Yeocomico river, 
including Kinsale.' 

"Line 13. After 'Louisville,' insert 'the authority of the 
officers at Hampton shall extend over all the waters, shores, 
bays, harbours, and inlets, between the south side of the mouth 
of York river, along the west shore of Chesapeake Bay to Hamp- 
ton, and thence up James' river to the west side of Chicahomony 
river, and a collector shall be appointed to reside at Hampton, 
which shall be the sole port of entry.' 

" Line 16. Strike out ' the point of landing forming the south 
shore at the mouth of York river, thence up to Hampton,' and 
insert ' the mouth of James' river.' 

"Line 17. Strike out 'including both shores thereof,' after 
' James' river. ' 
Vol. I.— 41 



L — 



CaAJ.IU. ?: i: ^ -I?-! :- 7 r : I : -j 1759. 



"Line 19. Strike out 'or Portsmouth, as the secretary of 
the treasury shall direct' 
£ "Line 20. Strike out < Hampton. ' 

" Page 7, line 8. Strike out s to the district of Dumfries, in- 
cluding Newport, shall be annexed Yeocomico river, including 
Kinsale, as a port of delivery only; and a collector for the district 
shall be appointed to reside at Dumfries, which shall be the sole 
port of entry; also, a surveyor to reside at Barren point, on Yeo- 
comico river, and the authority of the officers of the said dis- 
trict shall extend over all the waters, shores, bays, harbours, 
and inlets, comprehended on the south side of Potomac river. 
from Smith's point to Cockpit point, on the said river,' and in- 
sert ' the district of Yeocomico river, including Kinsale, shall 

end from Smith's point, on the south side of Potomac river, 
to Boyd's Hole, on the same river, including all the waters, s. Joe 
shores, bays, rivers, creeks, harbours, and inlets, along the south *" 
shore of Potomac river, to Boyd's Hole aforesaid; and Yeoco- 
mico, including Kinsale, shall be the sole port of entry, and a 
collector shall be appointed to reside on Yeocomico river. The 
district of Dumfries, including Newport, shall extend from 
Boyd's Hole to Cockpit point, on the sooth side of Potomac ri- 
ver; and a collector shall be appointed to reside at Dumfries, 
which shall be the sole port of entry; and the authority of the 
officers of this district shall extend over all the waters, shores, 
bays, harbours, and inlets, comprehended between Boyd's Hole 
and Cockpit point, aforesaid.' 

"PagcS, tine 14. After «Jekeyl Island,' insert, 'Frederica 
shall be a port of delivery only.' 

" Line 21. Strike out ■ constituted.' 

" 27. After ■ Wilmington,' insert ■ New Castle and Port 

Peon.' 

" Line 25. After ■ Georgetown,' insert ■ on Potomac' 

* 29. Strike out « or,' and insert ■ and.' 

« Page 9, line 4. Strike oat 'any port or place in India or 
China, or beyond.' 

•• Line 5. Insert, after ■ Cape of Good Hope,'* 'or from any 
place beyond the same.' 

« Line 8. After 'Delaware,' insert 'Baltimore town.' 

« 1 2. Strike out ■ and,' and insert * or. ' 

« 16. Strike out ('except the port of Hampton, in the 

said district") 

"Line 2], Strike out ■ Hampton. ' 
S7. After «or,' insert ■ the collector.* 



HISTORY OF CONGRESS. 323 



CHAP. HI. National Revenue— Imposts, and Tonnage Duties. 1789. 



istcongress. "Page 10, line 5. After * Portsmouth,' insert, 'or with the 

1st Session* 



collector for the port of Hampton.' 
ment ^ en } " Line 15. Strike out ' making the same.' 
Senate. " 18. After ' of goods,' insert, 'to employ proper per- 

sons as weighers, gaugers, measurers, and inspectors, at the se- 
veral ports within his district, together with such persons as shall 
be necessary to serve in the boats which may be provided, for 
securing the collection of the revenue: to provide, at the public 
expense, and with the approbation of the principal officer of the 
treasury department, store-houses, for the safe keeping of goods; 
together with such scales, weights, and measures, as shall be 
deemed necessary.' 

" Line 22. Strike out 'and jointly with him to employ pro- 
per persons as weighers, gaugers, measurers, and inspectors, at 
the several ports within their district, together with such per- 
sons as shall be necessary to serve in the boats which may be 
provided for securing the collection of the revenue: to provide, 
at the public expense, and with the approbation of the principal 
officer of the treasury department, store-houses for the safe keep- 
ing of goods; together with such scales, weights, and measures, 
as shall be deemed necessary." 

"Page 11, line 6. After 'naval officer,' insert — ' And be it 
further enacted — That every collector, appointed in virtue of 
this act, in case of his necessary absence, sickness, or inability 
to execute the duties of his office, may appoint a deputy, duly 
authorized under his hand and seal, to execute and perform, in 
his behalf, all and singular the powers, functions, and duties of 
collector of the district to which he, the said principal, is attached, 
who shall be answerable for the neglect of duty, or other mal- 
conduct of his said deputy, in the execution of the office.' 

" ' Jlnd be it further enacted — That in case of the disability 
or death of any collector, the duties and authorities vested in him 
by this act, shall devolve on his deputy, if any such hath been 
appointed, (for whose conduct the estate of such disabled or de- 
ceased collector shall be liable,) and the said deputy shall exercise 
the authority, and perform all the duties, until a successor shall 
be appointed. But in cases where no deputy is appointed, the 
authorities and duties of the disabled or deceased collector shall 
devolve upon the naval officer of the same district, until a succes- 
sor, duly authorized and sworn, shall enter upon the execution 
of the duties of the said office.' 

" Line 9. After 'port,' strike out, 'and the surveyor shall, in 
like manner, execute all the duties required of other surveyors.' 



.-, i HPiumi or cumamm. 



CH-tP. EU. Xaticmal Revenue — Lnpostg. xnd Tbrnraee OtdSes. HBi 





mfarmer/ insert, «i 
easurer, or inspector, shall exeeeee the 
me J^ len J he shall have taken the above oath or 
Senate. « Page 12 r time 7. After «iel iiweil/ 

names of the person or iw-'^w* to 
signed; or. in cases whfju. the 
names of the shippers, noting 
ders. ' 

" Line 19. After « authc : iert ' and 

• -" After « ship or vesaelj'nMrt «bat in cpeadbr 

■ 9a Strike oat 'and if he be a pilot 

custom 5 

■ Page 13, line 1. After ■ yea. 
duty of the collector of the district 1 
such persons in the public fiaeUU. of the 
sides, within tr ea ty days after each 

■ Line I9L Strike oat ' credible 
ble citizens of the neighbourhood, bat act 
•at kind. * 

ft Line 21. Strike out ' within eight days next after tike; 
of such ship or vessel. T 

u Line 24. Strike out 'exact/ 

" 27. Strike oat « thereon, and insert ' on the said entry.* 

"Page 14, line 3. Strike out 'thirty,* and iesert«ften.* 
. I Strike out ' port/ and ins^ 
as he shall authorize or appoint, on his behalf, to imin 
the said goods. ' 

line 26. Strike eat ■ 
their marks and numbers/ 

Reap 15. Sat L 
always — That the said 
to vessels laden with salt or coal; hat, if Ike 
such vessels require longer time to disci: i . 

of the inspector, for every Aqrti attendance 
days, shall be paid by the master or 
24. Strike cat * from India or 
any place beyond the same.* 

5tri*K oat ' of packages aod 
<* Page 16, tmt 9L Strike out ' one hundred,* 
14. Strike out 'sufficient im, 9 

the/ 

" Zww 21. Strike out ' one hundred/ and insert 'fifty.' 
17. After ■ clear oat/ insert «the register ef 





HISTORY OF CONGRESS. 325 



Chap. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



1st congress, ship or vessel, at the time of entry, shall be lodged in the office 
■ — - of the collector, and there remain until such clearance/ 

menfcT^of " Pa S e l8 > iine 5 * After ' eC t Ual t0 '' inSert ' double -' 
Seuate, "Line 11. After <by any,' insert < judge or.' 

" 21. After * that is to say,' strike out ' every collector, 

in the sum of five thousand dollars; every naval officer, in the 
sum of one thousand dollars; and every surveyor, in the sum of 
one thousand dollars;' and insert, ' the collector of Philadelphia, 
in the sum of sixty thousand dollars; the collector of New York, 
fifty thousand dollars; the collector of Boston, forty thousand 
dollars; the collectors of Baltimore town and Charleston, thirty 
thousand dollars; the collectors of Norfolk and Portsmouth, fif- 
teen thousand dollars; the collectors of Portsmouth, in New 
Hampshire, of Salem and Beverly, Wilmington, Annapolis, 
Georgetown, in Maryland, Bermuda Hundred and City Point, 
and Alexandria, ten thousand dollars each; the collectors of New- 
buryport, Gloucester, Marblehead, Plymouth, Nantucket, Port- 
land and Falmouth, New London, New Haven, Fairfield, Perth 
Amboy, Chester, Oxford, Yorktown, Dumfries, Georgetown, in 
South Carolina, Beaufort, and Savannah, each five thousand dol- 
lars; and all the other collectors in the sum of two thousand dol- 
lars each. The naval officers for the ports of Boston, New York, 
Philadelphia, Baltimore town, and Charleston, ten thousand dol- 
lars each; and all the other naval officers, in the sum of two thou- 
sand dollars each. The surveyors of the ports of Boston, New 
York, Philadelphia, Baltimore town, and Charleston, five thou- 
sand dollars each, and all other surveyors one thousand dollars 
each.' 

"Page 18, line 24. After ' vessel,' strike out ' which is not 
wholly the property of a citizen or citizens of the United States, 
six dollars; for every entrance of any other ship or vessel, of the 
burden of one hundred tons or upwards, arriving from any fo- 
reign port, four dollars ; for every entrance of any such other 
ship or vessel, under the burden of one hundred tons, arriving 
from any foreign port, three dollars ;' and insert * of one hun- 
dred tons' burden and upwards, two dollars and a half; for 
every clearance of any ship or vessel, of one hundred tons' 
burden and upwards, two dollars and a half; for every en- 
trance of any ship or vessel, under the burden of one hundred 
tons, one dollar and a half; for every clearance of a ship or ves- 
sel, under one hundred tons' burden, one dollar and a half.' 

" Line 3. After * bond,' strike out ' to secure the payment of 
duties,' and insert < taken officially.' 



326 HISTORY OF CONGRESS. 



Chap. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



istcongress. "Line 4. After ' thirty cents,' insert ' for every official cer- s. Journal. 

1st Session. *' /iq 

tificate, twenty cents; for every bill of health, twenty cents; for p " * 

mentTof eveI T otner official document, registers excepted, required by 
Senate. the owner or master of every vessel not before enumerated, 
twenty cents.' 

" Line 6. Strike out ' a common,' and insert ' an office to be 
provided by the collector, in the place of his residence, most 
convenient for the trade of the district in which the said col- 
lector and naval officer shall each have at least one separate 
room.' 

" After t office,' insert ' and the said fees shall be received by 
the collector, who shall settle the accounts monthly, and pay to 
the naval officer the balance which may be due to him on such 
monthly settlement.' 

"Page 19, line 7. Strike out ' any ship or vessel which is not 
wholly the property of a citizen or citizens of the United States, 
and having on board goods, wares, or merchandise, subject to 
duty, four dollars; for the like services on board any other such 
ship or vessel, two dollars; for the like services on board any 
ship or vessel, wholly belonging to a citizen or citizens of the 
United States, and having on board goods, wares, and merchan- 
dise, subject to duty, three dollars; for the like services on board 
every other ship or vessel, one dollar;' and insert 'any ship or 
vessel of one hundred tons and upwards, and having on board 
goods, wares, and merchandise, subject to duty, three dollars; 
for the like services on board any ship or vessel of less than one 
hundred tons' burden, having on board goods, wares, and mer- 
chandise, subject to duty, one dollar and a half; on all vessels 
not having on board goods, wares, and merchandise, subject to 
duty, two-thirds of a dollar.' 

" Line 12. After ' shall be paid,' insert ' to the collector.' 

" 13. After ' performed,' insert ' and the said collector 

shall pay weekly to the surveyor the fees so received.' 

"Line 16. After 'paid by,' strike out 'owners thereof,' and 
insert 'collector,' 'out of the revenue.' 

" Line 18. Strike out ' two cents,' and insert 'one cent.' 

" Page 20, line 25. After ' such goods,' insert ' a protest in 
due form of law, made by the master and mate, or some of the 
seamen, or in case no such protest can be had." 

" Page 21, line 19. After 'recompense,' insert 'for con- 
niving.' 

" Line 20. Strike out ' with intent to elude the payment of 
any debt, or the performance of any duty established by law.' 



HISTORY OF CONGRESS. 327 



Chap. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



istcongress. " Line 24. Strike out 'the sum of one hundred,' and insert 

1st Session. 

< a sum not less than two hundred nor more than two thousand." 

mentor " Pa 8 e 22 > line 15 « After ' merchandise and/ insert ■ shall 
Senate. give bond to.' 

" After * thereof/ insert 'and to refund the cost, in case he 
shall not support his claim.' 

" Page 23, line 9. Strike out ' two/ and insert < three.' 

" 24, line 2. Strike out < of foreign,' and insert < not of 

their own.' 

"Line 10. After the end of the paragraph, insert 'and all 
goods, wares, and merchandise, brought into the United States by- 
land, contrary to this act, shall be forfeited, together with the 
carriages, horses, and oxen, that shall be employed in conveying 
the same.' " 
House con- These amendments being communicated to the House of Re- H. Journal, 
cur - presentatives on the 2*§th, were immediately concurred in by P* 67 * 

that body. 

Importa- It nas Deen already stated, during the discussion of the tariff Id. p. 37. 
tion of bill, that Mr. Parker, of Virginia, moved to impose a tax of ten 
dollars on every slave imported, but withdrew his motion on the 
suggestion of Mr. Madison, that it would be better to make this 
the subject of a separate bill. Accordingly, on the 18th of May, 
on motion of Mr. Parker, leave was given by the House of Re- 
presentatives to bring in a bill concerning the importation of 
certain persons into the United States, prior to the year 1808, 
and Messrs. Parker, Sinnickson, and Muhlenberg, w 7 ere ap- 
pointed a committee to prepare the same. On the 19th of Sep- 
tember, Mr. Parker, from this committee, presented a bill, con- 
forming in its title to the instruction given by the House. 
This bill was read a first time, and its further consideration was id. p. 114* 
then postponed until the next session of Congress. Nothing 
further was done with this bill. 
Petitions Soon after the collection and tonnage bills went into opera- id. p. 89, 
for repeal tion, they were discovered to act unequally and oppressively on 
sion of pro- some districts, and the consequence was, that memorials came in 
visions of f rom various quarters, praying for modifications, and a suspension 
and ton- of the odious features. The merchants of Alexandria and Dum- 
nage acts. f r [ eS} j n Virginia ; of Georgetown, Bladensburg, and Piscataway, 
in the state of Maryland, prayed Congress that so much of the 
act to regulate the collection of duties, as restricts ships or ves- 
sels bound up the river Potomac, to stop at Saint Mary's or Yeo- 
comico, and there obtain a certified manifest of their cargoes 



328 HISTORY OF CONGRESS. 



Chap. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



iStseTsfon 8 *' before entr 7 made » De repealed, or that the like regulation be H. Journal, 
made general throughout the United States. A petition was also P- 92, 
presented from the commanders of packets plying between Pro- 
vidence and Newport, in Rhode Island, praying that so much of 
the act as subjects ships or vessels of that state to the same ton- 
nage as is imposed on foreign ships or vessels, may be suspended 
until the first day of December next. Petitions, similar in their Id. p. 104. 
import, from Providence, Newport, Bristol, Warren, and Barring- 
ton, in Rhode Island ; and others from other quarters, were also 
presented. These complaints were referred to a committee, 
consisting of Messrs. Goodhue, Carroll, and Lee, to whom Mr. 
Bland was afterwards added. In relation to the Potomac re- id- p- 90— 

92 

striction, Mr. Goodhue made a report on the 26th of August, 
which report was taken up on the 28th, for consideration, and 
was agreed to, in the following amended form : — 

" That so much of the act, entitled * An act to regulate the 
collection of duties imposed by law on the tonnage of ships or 
vessels, and on goods, wares, and merchandises imported into the 
United States,' as obliges vessels bound up the Potomac, to stop 
at St. Mary's or Yeocomico, to report a manifest of their car- 
goes, ought to be suspended.' " 

Messrs. Goodhue, Carroll, and Lee, were then instructed to Id. p. 93. 
prepare and bring in a bill pursuant to this report. And on the 
Bill to sus- same day, Mr. Goodhue presented a bill to suspend part of an 
vision PT of act ' entitled " An act to regulate the collection of the duties im- 
collection posed by law on the tonnage of ships or vessels, and on goods 
wares, and merchandises, imported into the United States," which 
then received its first reading. The bill was read a second time 
on the following day; and, on the 31st, after its third reading, it Id. p. 94. 
was committed to Messrs. Goodhue, Carroll, Lee, and Bland, with 
an instruction to insert a clause, or clauses, for establishing Bath 
and Frenchman's Bay, in the state of Massachusetts, ports of 
delivery for all foreign vessels. On the 2d of September, the Id. p. 95, 
bill was reported with the amendment, and on the 3d, it was ' 
read a third time and passed. In the Senate, the bill was read s. Journal, 
a first time on the 7th, a second time on the 10th, and, on the £ 9 ' 

11th, was committed to Messrs. Morris, Dalton, and Ellsworth; 
and this committee, on the next day, reported the following 
amendment to the bill: — 

Senate " Be it further enacted — That all the privileges and advan- 

amend- tages to which ships and vessels, owned by citizens of the United 

States, are by law entitled, shall be, until the fifteenth day of 



HISTORY OF CONGRESS. 329 



Chap. III. National Revenue— Imposts, and Tonnage Duties. 1789. 



1st congress. January next, extended to ships and vessels wholly owned by ci- 

tizens of the states of North Carolina, and Rhode Island and 

amend-* 6 Providence Plantations: Provided — That the master of every 
merit. such ship or vessel, last mentioned, shall produce a register for 
the same, conformable to the laws of the state in which it shall 
have been obtained, showing that the said ship or vessel is, and 
before the first day of September instant, was, owned as afore- 
said; and make oath or affirmation, before the collector of the 
port in which the benefit of this act is claimed, that the ship or 
vessel for which such register is produced, is the same therein 
mentioned, and that he believes it is still wholly owned by the 
person, or persons, named in said register, and that he or they 
are citizens of one of the states aforesaid. 

" And beit further enacted — That all rum, loaf sugar, and choco^ 
late, manufactured or made in the states of North Carolina, or 
Rhode Island and Providence Plantations, and imported or brought 
into the United States, shall be deemed and taken to be subject to 
the like duties, as goods of the like kinds, imported from any fo- 
reign state, kingdom, or country, are made subject to. 

" And be it further enacted — That Rehoboth, in the state of Mas- 
sachusetts, shall be a port of entry and delivery, until the fifteenth 
day of January next, and that a collector be appointed for the 
same." 

Several petitions of the citizens of the state of Rhode Island, s. Journal, 
and North Carolina, praying for the relief proposed by this bill, p " 79 > 80 * 
were then read. The bill was amended by adding to it the 
clauses reported by the committee, and by striking out the word 
"August," in the eighth line, and substituting " May," and by 
adding to the title, the words, " and for other purposes," and was 
Bill passed then passed. The amendments were agreed to by the House of H. Journal, 
in Senate. R epresen tatives, without opposition. P- no - 

Bill to sus- Mr. Goodhue, also, from the same committee, presented, on the id.p.105— 
operations 6 9tn °^ September, a bill for suspending the operations of part of 107 ' 
of part of an act, entitled " An act imposing duties on tonnage," which was 

nag-e acts?" tnen reac * a ^ rst ^ me ' anc * was P assec * through its remaining stages 

on the two next succeeding days. On the 11th, the bill was s. Journal, 
read twice in the Senate, and committed to Messrs. Morris, Dal- P- 78- " 80 * 
ton, and Ellsworth, who made a verbal report thereupon on the 
Rejected. 12th, when the Senate adopted a resolution not to concur with 
the House in this bill. 
Bill to a- From the same committee, on the 17th of September, Mr. H. Journal, 
Son act" Goodhue presented a bill for amending part of an act, entitled P- 112 > n:L 
Vol. I.— 42 



330 HISTORY OF CONGRESS. 



CHAP. HE. National Revenue — Imposts, and Tonnage Duties. 17^9. 



ist congress. "An act to regulate the collection of the duties imposed by law 

1st Session. ° f J 

on the tonnage of ships or vessels, and on goods, wares, and mer- 
chandises, imported into the United States," which received its 
first reading on that day, and was read a second and third time 
on the 18th and 19th. On the last named day, the hill received S. Journal, 
its two first readings in the Senate, and was ordered to a third p * 
reading. On the 26th, the bill was taken up for its third reading, Id. p. 90. 
when it was committed to Messrs. Read, Morris, and Dalton. On 

Bulreject- the 28th, Mr. Read, from this committee, made a report adverse Id. p. 91. 

nate 57 Se " to ^ e ^> WD ich was then rejected by the Senate. 

2d Session. On the 3d of May, 1790, a petition from the merchants, &c, 1790. 

Petition of Alexandria, was presented to the House of Representatives, H. Journal, 
aTdria^*" P ra y in § the repeal of so much of the " Act to regulate the col- P- 207 > 208 - 
lection of the duties imposed by law on the tonnage of ships or 
vessels, and on goods, wares, and merchandises, imported into 
the United States," as obliges ships, or vessels, bound up the river 
Potomac, to come to, and deposite manifests at Yeocomico ; which 
petition was referred to Messrs. Goodhue, Lawrance, Boudinot, 
Bill con- Fitzsimons, and Lee. And on the 22d of June, Mr. Goodhue id. p. 247. 
cernmg presented a bill imposing duties on the tonnage of ships or ves- 
duties. sels, which then received its first and second reading, and was 

committed. The bill was considered in committee, and reported id.p.249, 

9 if) 

with an amendment on the 23d; and on the following day it was 
passed. The bill was read a first time in the Senate, on the 24th; s. Journal, 
on the next day the second reading was postponed. On the 29th, p * 16 °* 
the bill was read a second time, and committed to Messrs. Read, id. p. 169. 
Dalton, and Morris. And on the 12th of July, the bill was re- 
ported by Mr. Read, without amendment, received its third read- id. p. 177. 
ing, and was passed. 
Saddler's During the second session of the first Congress, it was found H. Journal, 
Petition. that f ur ther legislation on this subject was still necessary. On P 137 ' 138 - 
the 9th of January, 1790, a petition was presented to the house 
from Christopher Saddler, of Nova Scotia, praying to be relieved 
from the forfeiture of his vessel and cargo, which were seized in 
the port of Boston, for a violation of the impost law, of which he 
was wholly ignorant. This petition being referred to the secre- id. p. 143. 
tary of the treasury, for his examination and opinion, a report 
Referredto from that officer was received and referred to a committee, con- 
committee. sisting of Messrs. Ames, Sturges, Stone, Griffin, and Wynkoop, 
and it was directed that the secretary of the treasury should re- 
port " such information as he may have obtained respecting any 
difficulties which may have occurred in the execution of the se- 



HISTORY OF CONGRESS. 331 



Chap. III. National Revenue— Imposts, and Tonnage Duties. 1790. 



1st congress, veral laws for collecting duties on goods, wares, and merchan- 

2d Sessio n. d -*m /. « 

dises, and on tonnage, &c." Mr. Ames, from the committee on 

Saddler's petition, made a report on the 26th of January, which 
Report, was agreed to by the house, as follows : — " That, in the opinion H. Journal, 
of the committee, provision ought to be made by law, for the re- p ' 
mission or mitigation of fines, forfeitures, and penalties, in cer- 
tain cases;" and the same committee were appointed to prepare 
and bring in a bill, pursuant to the above report. In the mean 
time, petitions complaining of the operation of the collection laws 
Bill to re- came in from many other quarters. On the same day, Mr. 

mit fines, Ames presented a bill to provide for the remission or mitigation 
of fines, forfeitures, and penalties, in certain cases, which then 
received its first reading. The bill was read a second time, on Id. p. 148. 
the next day, and was committed to a committee of the whole 
house. On the 5th of February, the bill was considered in com- Id. p, 153. 

Amended, mittee, and reported with an amendment, and the bill and amend- 
ment were then recommitted to the same committee. Mr. 
Ames, on the 3d of March, presented, from the committee, an id. p. 166, 
amendatory bill, which was read a first time, received its second 167t 
reading, and was committed on the following day ; and, on the 
5th, was considered in committee, and reported with an amend- 
Passedby ment, which being agreed to, the bill was ordered to its third id. p. 168, 

House. reading, which it received on the following day of the session. 169, 
In the Senate, the bill received its first reading on the 9th, and 
Consider- was considered on the 11th, when it was committed to Messrs. s. Journal, 

nate in Se " Morris > Izard} Stron g> Henry, and Langdon. On the 15th, Mr. P- 119 > 120 - 
Morris reported several amendments, and the report was consi- 
dered on the 17th, when the bill was again committed (the rules 
being dispensed with) to a special committee, consisting of Messrs. 
Read, Morris, Strong, Ellsworth, and Bassett. A report was id. p. 122. 
made by this committee, on the 19th, which was accepted as an 

Amended, amendment to the bill, and with this amendment, the bill was 
Passed, passed. The House of Representatives, on the 24th, disagreed H. Journal, 
to the amendment of the Senate, and desiring a conference on P- 181 » 182 - 
the subject, appointed Messrs. Ames, Huntington, and Jackson, 
to be managers on the part of the House. The Senate agreed s. Journal, 
Confer- to the conference, and appointed Messrs. Strong, Ellsworth, and P* 123, 

ence * Read, to be managers on their part. Mr. Ames, on the 9th of H. Journal, 

April, made report to the house, that the committee had met p ' 
the managers on the part of the Senate, and had freely discussed 
the subject matter of the amendments, but had come to no agree- 
House ad- ment thereon. And on the 12th, the house resolved to adhere to 

here * their disagreement to the amendment of the Senate. On the 



332 HISTORY OF CONGRESS. 



CHAP. III. National Revenue— Imposts, and Tonnage Duties. 1790. 



2? S«f r n SS ' lowing day, tQ e Senate also adhered to their amendment, and s. Journal, 

T^~T thus the bill was lost. P- 131 - 

Senate ad- 
here. A letter from the secretary of the treasury was communicated 

Report of to the house by the speaker on the 23d, containing a report, in H. Journal, 
oTtreasur com P Uance w i tn tne direction of the house on the 19th of Ja- p " 198, 
referred, nuary, respecting difficulties which had occurred in the execu- 
tion of the laws for collecting duties; and this letter was com- 
mitted to Messrs. Goodhue, Lawrance, Boudinot, Fitzsimons, 
New bill and Lee. And, on the 27th, Mr. Boudinot, from this commit- id. p. 201.' 
forfeitures. tee > presented a bill, to provide for mitigating or remitting the 
forfeitures and penalties accruing under the revenue laws, in cer- 
tain cases therein mentioned, which was read a first time. On 
the 28th, the bill was read a second time, considered in commit- 
Passedby tee of the whole, and reported without amendment; and, on the id. p. 203. 
House. 29th, the bill was read a third time, and sent to the Senate for 

concurrence. On the 30th, the bill was read a first time in the s. Journal, 
Senate. The bill was further considered, and read a second and P- lo6 - 
third time on the 3d and 4th of May, and was passed with an id. p. 137. 

Amended amendment. The House, on the 5th, concurred with the Se- H. Journal, 
by Senate. nate [n the ; r amendment to the bil]< P- 209. 

Billtosus- Leave was also given, on the 25th of March, on motion of id. p. 182. 

of n coUec- ^ r ' ^ ee > *° Dr i n S m a biH> or bills, to suspend part of an act, 

tion act. entitled "An act to regulate the collection of the duties im- 
posed by law on the tonnage of ships or vessels, and on goods, 
wares, and merchandises, imported into the United States; and 
Messrs. Lee, Cadwalader, and Seney, were appointed a com- 
mittee to prepare and bring in the same. And, on the 26th, 
Mr. Lee presented a bill, which was read a first time. The bill id. p. 183. 
received its second reading on the 29th. On the 5th of April, 
the bill was considered in committee of the whole, and reported 
Passed by with amendments, which were agreed to by the House, and the id. p. 188, 

House. kill was passed, in its amended form, on the following day. In 189- 

the Senate, the bill was read a first time on the 7th of April; S, Journal, 
and, on the next day, was committed to Messrs. Langdon, Ells- p " ' 
Amended worth, and Dalton. On the 9th, Mr. Langdon made a report 

by Senate. f rom this committee, which was accepted as an amendment to 
the bill; and the bill was then read a third time, and passed with 
two amendments. The House, on the same day, agreed to the H. Journal, 
amendment of the Senate. p ' 

The first Congress, on the 21st of September, 17S9, had 
adopted two resolutions, as follows: — 

Rcsoli.- " Resolved — That this house consider an adequate provision id. p. 117. 
t".ons of 



HISTORY OF CONGRESS. 333 



Chap.III. National Revenue— Public Credit. 1790. 



1st congress, for the support of the public credit, as a matter of high import- 

2d Session. , • 1 , i . or 

ance to the national honour and prosperity. 

gress, call- u Resolved — That the secretary of the treasury be directed to 
ing on se- prepare a plan for that purpose, and to report the same to this 
treasury, house at its next meeting." On the 9th of January, 1790, the se- H. Journal, 
cretary communicated to the house that he was ready to make P' 
his report; and the house appointed to receive it on the following 
Report of Thursday, (the 14th.) On that day, accordingly, the report was id. p. 141. 
secretary rece i V ed, and the house resolved, on that day fortnight, to con- 
sider the same in committee of the whole. The report was not id.p.154— 
taken up in committee until the 8th of February, from which ^ 4 * 
time, until the 13th of March, it was discussed, with very few 
intermissions, de die, in diem. On the day last named, the 
committee reported the following resolutions, which were taken 
up for consideration on the 29th of March: — 

Resolu- « 1. Resolved — -That adequate provision ought to be made for id. p. 184. 
portecP'by mm ^ nn g tne engagements of the United States in respect to their 
committee, foreign debt. 

" 2. Resolved — That permanent funds ought to be appropri- 
ated for the payment of interest on, and the gradual discharge 
of, the domestic debt of the United States. 

" 3. Resolved — That the arrears of interest, including indents 
issued in payment thereof, ought to be provided for on the same 
terms with the principal of the said debt. 

" 4. Resolved — That the debts of the respective states ought, 
with the consent of the creditors, to be assumed and provided 
for by the United States; and that effectual provision be, at the 
same time, made for liquidating and crediting to the states the 
whole of their respective expenditures during the war, as the 
same have been, or may be stated for the purpose; and that, in 
such liquidation, the best evidence shall be received that the na- 
ture of the case will permit. 

" 5. Resolved — That it is advisable to endeavour to effect a 
new modification of the domestic debt, including that of the par- 
ticular states, with the voluntary consent of the creditors, by a 
loan, upon terms mutually beneficial to them and to the United 
States. 

" 6. Resolved — That, for the purpose expressed in the last 
preceding resolution, subscriptions towards a loan ought to be 
opened, to the amount of the said domestic debt, including that 
of the respective states, upon the terms following; to wit: 

" That for every hundred dollars subscribed, payable in the 



354 HISTORY OF CONGRESS. 



Chap. HL National Revenue— Public Credit. 1790. 



1st congress, said debt, (as well interest as principal.) the subscriber be enti- 
Su Session. . _ ■ * ** 

■ tied, at his option, either 

■ To have two-thirds funded at an annuity, or yearly interest 
at six per cent., redeemable at the pleasure of the government, 
by payment of the principal; and to receive the other third in 
lands in the Western territory, at the rate of twenty cents per 
acre. Or, 

" To have sixty-six dollars and two-thirds of a dollar funded 
immediately at an annuity, or yearly interest of six per cent., 

irredeemable by any payment exceeding per annum, on 

account both of principal and interest; and to have, at the end 

of years, funded at the like interest and rate of 

redemption. 

" 7. Resolved — That immediate provision ought to be made 
for the present debt of the United States; and that the faith of 
government ought to be pledged to make provision, at the next 
session, for so much of the debts of the respective states, as shall 
have been subscribed upon any of the terms expressed in the last 
resolution. 

" 8. Resolved — That the funds which shall be appropriated ac- 
cording to the second of the foregoing resolutions, be applied, in 
the first place, to the payment of interest on the sums subscribed 
towards the proposed loan; and that, if any part of the said domes- 
tic debt shall remain unsubscribed, the surplus of the said funds be 
applied, by a temporary appropriation, to the payment of inte- 
rest on the unsubscribed part, so as not to exceed, for the present, 
four per cent, per annum; but this limitation shall not be un- 
derstood to impair the right of the non-subscribing creditors to 
the residue of the interest on their respective debts; and in case 
the aforesaid surplus should prove insufficient to pay the non-sub- 
scribing creditors, at the aforesaid rate of four per cent, that the 
faith of government be pledged to make good such deficiency." 

Disposal The question being taken on these resolutions, the first, se- H. Journal, 
of resolu- cond, and third resolutions were agreed to without a division. P* 185, 
The fourth resolution was ordered to be recommitted to the same 
committee: ayes, 29; noes, 27. And the fifth, sixth, seventh, 
and eighth resolutions were ordered to lie on the table. On the 
following day, the four last resolutions were recommitted to the 
same committee. 

The house then resolved itself into committee of the whole, id. p. 186. 
for the purpose of further considering the report of the secre- j^?' J^' 
tary of the treasury, and continued the deliberation and discus- 193. 200. \ 



HISTORY OF CONGRESS. 335 



Chap. III. National Revenue -Public Credit. 1790. 



lstcongress. sion on this subject on the 31st of March, and on the 1st, 12th, 

2d Session 

15th, 16th, 20th, 21st, 22d, and 26th of April. On the 15th, 

opposition was made to the course; and the ayes and noes being 
required, on the motion to go into committee, it was determined 
in the affirmative, by the following vote: — 

Jlyes — Messrs. Ashe, Baldwin, Brown, Carroll, Clymer, Coles, 
Contee, Fitzsimons, Floyd, Gale, Griffin, Hartley, Hathorn, 
Heister, Jackson, Lawrance, Lee, Madison, jr., Mathews, Moore, 
Muhlenberg, Page, Parker, Van Rensselaer, Scott, Seney, Sin- 
nickson, Smith, of Maryland, Sumpter, Tucker, White, Wil- 
liamson, Wynkoop. — 33. 

Noes — Messrs. Ames, Benson, Bland, Bloodworth, Boudinot, 
Burke, Foster, Gerry, Gilman, Goodhue, Grout, Huntington, 
Leonard, Livermore, Partridge, Sherman, Silvester, Smith, of 
South Carolina, Sturges, Thatcher, Trumbull, Vining, Wads- 
worth. — 23. 

On the 26th, it was moved that the house agree to the follow- 
ing order: — 

" That the committee of the whole house, on the report of 
the secretary of the treasury, relative to a provision for the sup- 
port of the public credit, be, for the present, discharged from 
proceeding on so much of the said report as relates to an as- 
sumption of the state debts." 

Committee The previous question being demanded, and it being deter- H. Journal* 
discharged mme d that the main question should be put, by a vote of 32 to P* 200 * 
relates to 18> the question on the adoption of the order was determined in 
state debts. ^ e affirmative, by the following vote : — 

Ayes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Carroll, Gil- 
man, Griffin, Jackson, Lee, Madison, jr., Mathews, Moore, Muh- 
lenberg, Page, Parker, Van Rensselaer, Clymer, Coles, Contee, 
Fitzsimons, Floyd, Schureman, Scott, Seney, Sinnickson, Smith,, 
of Maryland, Steele, Stone, Sumpter, White, Williamson, Wyn- 
koop.— 32. 

Noes — Messrs. Ames, Bland, Boudinot, Burke, Foster, Gerry,. 
Goodhue, Grout, Huntington, Livermore, Sherman, Silvester, 
Smith, of South Carolina, Sturges,. Thatcher, Tucker, Vining, 
Wadsworth.— 18. 

The committee of the whole, on the same day, reported the 
following resolutions, which were agreed to by the house : — 

" Resolved — That it is advisable to endeavour to effect a new 
modification of the domestic debt, with the voluntary consent of 



H HISTORY OF CONGRESS. 



CaiP. HI. Ni:::-!LI.7Vr — e-? :":'.:: C:r:-.: 17901 



1«: C:r.-rf5s 



5. by a loan, upon terms mutually beneficial to them 
~~~ and to the United States. 

* Resolved — That, for the purpose expressed in the last pre- 
ceding resolution,, subscriptions towards a loan ought to be opened. 
to the amount of the said domestic debt, upon the terms following ; 
to wit : — 

" That, for every hundred dollars subscribed, payable in the 
said debt, (as well interest as principal.) th : n ti- 

tled, at his option, either 

" To have two-thirds funded at an annuity, or yearly interest, 
of six per cent, redeemable at the pleasure of the government, by 
payment of the principal ; and to receive the other third in lands 
in the Western territory, at the rate of twenty cents per acre; or. 
Resohi- " To have the whole sum funded at an annuity, or yearly inte- 
p 0fted> rest, of four percent, irredeemable by any payment exceeding 
six dollars per annum, on account both of principal and inter: 
and to receive, as a compensation for the reduction of inter: 
fifteen dollars and eighty cents, payable in lands as in the pre- 
ceding case ; or, 

** To have sixty-six dollars and two-thirds of a dollar funded im- 
mediately, at an annuity, or yearly interest, of six per cent, irre- 
deemable by any payment exceeding six dollars per annum, on 
account both of principal and interest ; and to have, at the end 
of seven years, thirty-three dollars and one-third of a dollar 
funded at the like interest, and rate of redemption. 

•* i\:::"::. : — Thai immediate prevision ought to be made for 
the present debt of the United States. 

" Resolved- — That the funds which shall be appropriated ac- 
ting to the second of the foregoing resolutions, be applied, in 
the first place, to the payment of interest on the sun bed 

towards the proposed loan ; and that, if any part of the said do- 
mestic debt shall remain unsubscribed, the surplus of the said 
funds be applied, by a temporary appropriation, to the payment 
of interest on the unsubscribed part, so as not to exceed, for the 
present, four per cent- per annum : but this limitation shall not be 
understood to impair the right of the non-subscribing creditors to 
the residue of the interest on their respective debts: and. in case H. Journal, 
the aforesaid surplus should prove insufficient to pay the non- P* 
subscribing creditors, at the aforesaid rate of four per cent, that 
the faith of government be pledged to make good such defi- 
ciency." 

Committee It was then ordered that Messrs. 6 1 : . . White . Sherman, Gy- 

bilL 



HISTORY OF CONGRESS. 337 



Chap. III. National Revenue— Public Credit— Duties on Wines, &c. 1790. 



1st congress, mer, and Gilman, be a committee to prepare and brine in a bill 

2d Session . ' ' , 

or bills; pursuant to these resolutions. 

Other re- On the following day, (the 27th,) the committee again had the 
reported, report of the secretary of the treasury under consideration, and 
reported the following resolutions, which were also agreed to by 
the house : — 

" Resolved — That from and after the — day of — 



next, in lieu of the duties now payable upon wines and distilled 
spirits, imported into the United States, there shall be paid the 
following rates : — 
Duties on " Upon every gallon of Madeira wine, called London particu- H. Journal, 

wines and j 35 cents> p.301,302. 

spirits, &c. 

" Upon every gallon of other Madeira wine, thirty cents. 

" Upon every gallon of Sherry wine, twenty-five cents. 

" Upon every gallon of other wine, twenty cents. 

" Upon every gallon of distilled spirits, more than ten per cent. 
below proof, according to Dicas's hydrometer, twenty cents. 

"Upon every gallon of those spirits, under five, and not more 
than ten per cent below proof, according to the same hydrome- 
ter, twenty-one cents. 

" Upon every gallon of those spirits, of proof, and not more 
than five per cent, below proof, according to the same hydrome- 
ter, twenty-two cents. 

" Upon every gallon of those spirits, above proof, and not ex- 
ceeding twenty per cent, according to the same hydrometer, 
twenty -five cents. 

" Upon every gallon of those spirits, more than twenty, and 
not more than forty per cent above proof, according to the same 
hydrometer, thirty cents. 

" Upon every gallon of those spirits, more than forty per cent. 
above proof, according to the same hydrometer, forty cents." 

" Resolved — That from and after the day of — — , in lieu 

of the duties now payable upon teas and coffee, imported into 
the United States, there shall be paid- — 

" Upon every pound of Hyson tea, forty cents. 

" Upon every pound of other green tea, twenty-four cents. ; 

" Upon every pound of Souchong, or other black tea, other 
than Bohea, twenty cents. 

" Upon every pound of Bohea tea, twelve cents. 

" Upon every pound of coffee, five cents. 

" Resolved — That from and after the — day of , there 

Vol. L— 43 



:■ cryc-r^.5.5 






:.f :::: .:■:" s:L:::= i^i-.fi -111:- ::., V:::- S:i:-=. :'::i- "> 

• V:::. - t" : i.n ::' :!•:>•■= ::L;-::s. zr.-z.-i :in :i_: . :.:--.; ':-■ 
low pro::', acoormng to Dkaaft hvmvnaefeer, deTen ctLts. 

- Upon every gallon of these spirits, vomer five, and 
than ten per cemL below proo£ according to the suae 

"Upon every gallon of those spirits, of proot and 



V:-::. f --7.-7 r-.".:-r. ::' :.:.:5f =r irl-5. i'mv^ --;.:;'. '::: z:: ei- 



•on every gallon of those spirits, more than forty per 
above proo£ ^ r xotdm g to the same IijdHanrtrr, thirty cents. 

" Refished— That from and after the day of , there 

be paid npon spirits defined within the United 

c:~. ::~z. :; ~~.iz^. :::z. zi 2. » r r. i._f ::r r::"^"! :: 

"Upon every gallon more than ton per 
toBfcav^hyihiamlii^niacfgnm. 

Upon every gallon of those spirits, nnder Ave, 
per ckmL below proo£ according to tike an 

■-. :- :-ii- 

- Upon every gallon of those spirits, of prooC 1 

:..\z zvf ..-;- ; ; ,;. :.r.:~ :::•::. i::;;l_:,.: :; :„r 51 

- Upon every gallon of those spirit 
twenty nr coat, according Id the 1 



Upon every gallon of those spirits, more than twenty, 
more than forty per oemL above proo£ accormng to the 5 



Upon every gallon of those spirits, more than forty 



rials of the growth or ammnction of the tailed States, m any 
other place than a city, town, or village, there be paid the 
yearly sun. of ndj mmn jc-t every gallon, EngU 



HISTORY OF CONGRESS. 339 



CHAP. HI. National Revenue— Duties on Spirits. 1790. 



ist confess. f the capacity of each still, including its head; or cents 

~ per gallon, for all spirits distilled from grain ; or cents per 

gallon for all spirits distilled from fruit." 

Committee It was then ordered that Messrs. Fitzsimons, Huntington, H. Journal, 

bUl Plepare J ac ^ son ? Contee, and Bloodworth, prepare and bring in a bill, or p ' ' 

bills, pursuant to these resolutions. And on the 5th of May, 

Bill pre- Mr. Fitzsimons, from this committee, presented a bill for repeal- 

sented. ^^ a ^ ter ^ e ] as t day of next, the duties heretofore laid 

upon distilled spirits imported from abroad, and laying others in 

their stead; and also upon spirits distilled within the United 

States, as well to discourage the excessive use of these spirits, 

and promote agriculture, as to provide for the support of the 

public credit, and for the common defence and general welfare ;" 

which was read a first time, and afterwards received its second 

reading, and was committed to a committee of the whole house. 

Consider- The bill was taken up for consideration in committee on the 8th Id. p. 235, 

edin com- and 9th f j une w hen it was much discussed. On the 10th of 236 * 
mittee. 7 

June, another question being before, an early motion to go into 

committee of the w T hole on this bill, was negatived by the fol- 
lowing vote: — 

%dyes — Messrs. Ames, Benson, Boudinot, Burke, Floyd, Fos- id. p. 238, 
ter, Gerry, Goodhue, Hathorn, Huger, Huntington, Jackson, 
Lawrance, Leonard, Livermore, Van Rensselaer, Schureman, 
Sedgwick, Sherman, Silvester, Smith, of Maryland, Smith, of 
South Carolina, Sturges, Thatcher, Trumbull, Wadsworth. — 26. 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Cadwa- 
lader, Carroll, Clymer, Coles, Contee, Fitzsimons, Gale, Gilman, 
Griffin, Grout, Hartley, Heister, Madison, jr., Mathews, Moore, 
Muhlenberg, Page, Parker, Scott, Seney, Sinnickson, Steele, 
Stone, Vining, White, Williamson, Wynkoop. — 31. 

The obstructing business having been disposed of, the house Id. p. 240, 
went into committee on the bill, and made further progress; and 241 ' 
on the following day, a report was made to the house, that the 
bill had been considered, and several amendments had been made. 
A motion was then made to take the said amendments into con- 
sideration, which was opposed; but on the question being put, 
was decided in the affirmative, as follows: — 

jiyes — Messrs. Ashe, Baldwin, Brown, Cad walader, Clymer, id. p. 242. 
Contee, Fitzsimons, Floyd, Foster, Gale, Gilman, Griffin, Hart- 
ley, Heister, Jackson, Livermore, Madison, jr., Mathews, Moore, 
Schureman, Seney, Sherman, Sinnickson, Smith, of Maryland, 
Stone, Sumpter, Vining, White, Williamson, Wynkoop. — 30. 



340 HTSTORY OF CONGRESS. 



Chap. III. National Revenue— Duties on Wines and Spirits. 1790. 



istcongress. Noes — Messrs. Ames, Bloodworth, Boudinot, Burke, Coles, 

2d Session. 7 J 7 7 

Gerry, Goodhue, Grout, Huger, Lawrance, Leonard, Page, Par- 
ker, Partridge, Van Rensselaer, Sedgwick, Silvester, Smith, of 
South Carolina, Steele, Sturges, Thatcher, Trumbull, Tucker, 
Wad s worth . — 24. 
Amended. The amendments were then agreed to, and the bill and amend- h. Journal, 
ments were ordered to lie on the table. On the 18th, a motion P- 244, 
was made to strike out the twelfth and thirteenth sections of the 
bill, and also such other parts as impose an excise duty on all 
spirits distilled within the United States, which was determined 
in the negative by the following vote; — 

Ayes — Messrs. Burke, Coles, Gerry, Goodhue, Griffin, Grout, id. p . 245. 
Heister, Huger, Moore, Muhlenberg, Page, Parker, Sedgwick, 
Smith, of South Carolina. Steele, Sumpter, Thatcher, Tucker, 
White.— 19. 

Noes — Messrs. Ames, Ashe, Baldwin, Benson, Bloodworth, 
Boudinot, Brown, Cadwalader, Carroll, Contee, Fitzsimons, 
Floyd, Foster, Gale, Gilman, Hartley, Hathorn, Huntington, 
Jackson, Lawrance, Leonard, Livermore, Mathews, Van Rensse- 
laer, Scott, Seney, Sevier, Sherman, Silvester, Sinnickson, Stone, 
Trumbull, Wadsworth, Williamson, Wynkoop. — 35. 

The bill was then further amended, and on the following day, 
the question, that the bill, with the amendments, be engrossed 
and read a third time, was decided in the negative as follows: — 

Ayes — Messrs. Brown, Cadwalader, Carroll, Contee. Fitzsi- 
mons, Floyd, Foster, Gale, Gilman, Griffin, Hartley, Heister, 
Lee, Livermore, Madison, jr., Muhlenberg, Seney, Sherman, 
Sinnickson, Smith, of Maryland, Vining, White, Williamson. 
—23. 

Noes — Messrs. Ames, Ashe, Baldwin, Benson, Bloodworth, 
Burke, Coles, Gerry, Goodhue, Grout, Hathorn, Huger, Hunt- 
ington, Jackson, Lawrance, Leonard, Mathews, Moore, Page, 
Parker, Partridge, Van Rensselaer, Scott, Sedgwick, Sevier, 
Silvester, Smith, of South Carolina, Steele, Stone, Sturges, Sump- 
ter, Thatcher, Trumbull, Tucker, Wadsworth.— 35. 
Rejected. The bill was therefore rejected. Id. p. 246, 

BUI to re- It appears that, pending the above bill, on the 11th of May, id. p. 214, 

peal duties ^j r fitzsimons, from the same committee, presented " a bill re- 

on wines r i . 

reported, pealing, after the last day of next, the duties heretofore 

laid upon wines imported from foreign ports or places, and laying 

others in their stead ;" and this bill was read a first and second 

time, on the 11th and 12th of May, and was then committed. 

Not acted But it does not appear that this bill was ever afterwards acted on. 



HISTORY OF CONGRESS. 341 



Chap. ITT. National Revenue— Duties on Spirits, &c. 1790. 



ist congress. On the 8th of July, Mr. Goodhue presented a bill to regulate H. Journal. 

2d Session. .,,.-, . -in 258 

the collection of the duties imposed by law on goods, wares, and p " 
gSate°the merchandises, imported into the United States, and on the ton- 
collection nage of ships or vessels ; which was read a first and second time, 
and committed to a committee of the whole house. In commit- 
tee, the bill was considered on the 12th, and several amendments id. p. 268. 
Passed in were reported, which were agreed to on the following day, and 
house. foe bill was ordered to be engrossed. The blanks having been id. p. 269. 
filled up, on the 17th the bill was passed. This bill having been id. p. 272. 
communicated to the Senate, it was there determined, on the s. Journal, 
20th, to dispense with the rules so far as that it be referred to P* 184, 
Messrs. Morris, Langdon, Dalton, Foster, and Henry, prior to the Id. p. 187. 
first reading, to consider and report thereon. Mr. Morris report- 
ed the bill on the 22d, when the ordinary rules were again dis- id. p.188. 
pensed with, and the bill was regarded as in the second reading. 
On the 23d, the bill was recommitted, for the purpose of making id. p. 189, 
other amendments ; and, on the 25th, 26th, and 27th, it was fur- 190, 
ther considered, and finally passed. All the amendments of the H. Journal, 
Senate were, on the 28th, agreed to by the House. P* 283 * 

On the 9th of August, the House of Representatives directed id. p. 295. 
the secretary of the treasury " to prepare and report, on the se- 
cond Monday of December next, such further provision as may, 
in his opinion, be necessary for establishing the public credit; 
3d session, and, accordingly, on the 13th of December, immediately after 
the commencement of the third session, the secretary transmitted 
Further re- a report, which was committed to a committee of the whole house. Id. p. 336. 

port from f£^ Q h ouse W ent into committee on this report, on the 27th of De- 
secretary *■ r 
of treasury, cember ; and after consideration and discussion, reported the fol- 
lowing resolutions, which were agreed to: — 

Resolu- "Resolved — That an additional duty of eight cents per gallon id. p. 343. 
tions con- jj e i mpose d on all distilled spirits of common proof, and in the 

cevnmfirciU" 

ties on like proportion for all other distilled spirits, which, after the 

spirits. day of next, shall be imported into the United 

States. 

"Resolved — That from and after the day of 

next, a duty, of eleven cents per gallon, be imposed on all spirits 
of the first class of proof, distilled within the United States, from 
molasses, sugar, or other foreign materials ; and also, a duty, in 
like proportion, on like spirits of all other classes of proof. 

" Resolved — That from and after the day of 

next, a duty, of nine cents per gallon, be imposed on all spirits 
of the first class, of proof, distilled within any city, town, or vil- 
lage, from materials of the growth or production of the United 



342 HISTORY OF CONGRESS. 



CttAP. IIT. Xational Revenue— Duties on Wines, Spirits, &c. 1790. 



ist congress. States: and also, a duty, in like proportion, on like spirits of all 

3d Session. c c 

other classes, ot proor. 

"Resolved — That upon each still employed in distilling spirits 
from materials of the growth or production of the United States, 
in any other place than a city, town, or village, there be im- 
posed a yearly tax, or duty, of sixty cents for every gallon, 
English wine measure, of the capacity of such still, including its 
head, in lieu of all other rates." 

Committee Messrs. Sedgwick, Trumbull, Lawrance, Wynkoop, and Smith, 

to prepare f Maryland, were then constituted a committee to prepare and 

bring in a bill, or bills, pursuant to the above resolutions ; and the 

committee of the whole were then discharged from any further 

proceeding on the secretary's report. 

The same committee were instructed to prepare and bring in 
a bill, or bills, to alter the mode of collecting the duties on wines 
and teas, and to grant a longer time for the payment of such du- 
ties thereon. 
Bill report- On the 30th of December, Mr. Sedgwick, from this committee, h. Journal, 

ec1, presented a bill " repealing, after the last day of next, the P* 346, 

duties heretofore laid upon distilled spirits imported from abroad, 
and laying others in their stead ; and also, upon spirits distilled 
within the United States, as well to discourage the excessive use 
of those spirits, and promote agriculture, as to provide for the sup- 
port of the public credit, and for the common defence and gene- 
ral welfare." This bill was then read a first and second time, and 
committed to a committee of the whole house. On the 5th, 6th, 
11th, 12th, and 13th of January, 1791, this bill was discussed in 1791. 
committee; and, on the 13th, the committee reported several h. Journal, 
Amend- amendments; and, on the 17th, the amendments were considered P*4 49 »350. 
ments. an( j a g re ed to by the house. 355, 356! 

It was then moved to amend the bill by striking out the thir- 
teenth section, which was in the words following: — 

Further " And be it further enacted — That, upon all spirits which, after 

amend- foe 5a j ( j ] ast c j a y f nex ^ snR \\ b e distilled within the 

moved. United States, from any article of the growth or production of the 
United States, in any city, town, or village, there shall be paid, 
for their use, the duties following ; that is to say — 

" For every gallon of those spirits more than ten per cent, below 
proof, according to Dicas's hydrometer, nine cents. 

" For every gallon of those spirits under five, and not more 
than ten per cent, below proof, according to the same hydrome- 
ter, ten cents. 



HISTORY OF CONGRESS. 343 



CHAP. III. National Revenue— Duties on Spirits. 1791. 



1st congress. " For every gallon of those spirits, of proof, and not more than 

3d Session. ; ° r ' , , , 

five per cent, below proof, according to the same hydrometer, ele- 
ven cents. 

" For every gallon of those spirits above proof, but not exceed- 
ing twenty per cent., according to the same hydrometer, thirteen 
cents. 

" For every gallon of those spirits, more than twenty, and not 
more than forty per cent, above proof, according to the same hy- 
drometer, seventeen cents. 

" For every gallon of those spirits, more than forty per cent. 
above proof, according to the same hydrometer, twenty-five 
cents." 
Motion to The question being taken on this proposition, it was decided in 
am ^ d ne " the negative, by the following vote :— 

Ayes — Messrs. Baldwin, Bloodworth, Brown, Burke, Heister, 
Jackson, Mathews, Moore, Muhlenberg, Parker, Scott, Sevier, 
Steele, Stone, Tucker, Williamson.— -16. 

Noes— Messrs. Ames, Benson, Boudinot, Bourne, Cadwalader, 
Clymer, Fitzsimons, Floyd, Foster, Gilman, Goodhue, Griffin, 
Grout, Giles, Lawrance, Lee, Leonard, Livermore, Madison, jr., 
Partridge, Van Rensselaer, Schureman, Sedgwick, Seney, Sher- 
man, Silvester, Sinnickson, Smith, of Maryland, Smith, of South 
Carolina, Sturges, Thatcher, Trumbull, Vming, Wadsworth, 
White, Wynkoop.— 35. 

On the 18th, 19th, and 20th, the bill was further considered H. Journal, 
and discussed. And on the 21st, it was moved to amend the bill 359/^"' 
by inserting the following clause : — 
Motion to " And be it further enacted — That if any inspector, or other 
am ' officer or person concerned in the collection of the revenue to be 
raised by this act, shall, by word, message, or writing, or in any 
other manner whatsoever, persuade or endeavour to persuade 
any elector to give, or endeavour to dissuade any elector from 
giving his vote for the choice of any person, to be a member of 
the House of Representatives, member of the Senate, or Presi- 
dent of the United States, such inspector, or other person, so of- 
fending, shall be for ever disabled from holding an office under 
this act, and shall be subject to a penalty of dollars." 

Negatived. The question being taken on this proposition to amend, it was id. p. 360* 
decided in the negative, by the following vote : — 

Ayes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, 
Floyd, Gerry, Grout, Hathorn, Heister, Jackson, Livermore, 
Mathews, Moore, Parker, Van Rensselaer, Seney, Silvester, 
Stone, Tucker, White.— -21. 



344 HISTORY OF CONGRESS. 



CHAP. III. National Revenue— Duties on Spirits. 1791. 



1st congress. Noes — Messrs. Ames, Benson, Boudinot, Bourne, Cad walader, 

Carroll, Clymer, Fitzsimons, Foster, Gale, Gilman, Goodhue, 

Griffin, Giles, Hartley, Huntington, Lawrance, Lee, Leonard, 
Madison, jr., Muhlenberg, Schureman, Scott, Sedgwick, Sevier, 
Sherman, Sinnickson, Smith, of Maryland, Smith, of South Ca- 
rolina, Steele, Sturges, Thatcher, Trumbull, Vining, Wadsworth, 
Williamson, Wynkoop. — 37. 

The bill was then further amended, and the consideration of h. Journal, 
it was resumed on the 22d and 24th, on the latter of which days P* 361, 
the following amendment being under consideration; to add to 
the bill the following clause : — 

" And be it further enacted — That the several duties imposed by Id. p. 362. 
this act, shall continue to be collected and paid, until the debts 
and purposes, for which they are pledged and appropriated, shall 
be fully discharged and satisfied, and no longer." 

Motion to A motion was made to amend the same, by striking out from 
amend, ^ie word " paid " to the end, and inserting, in lieu thereof, the 
following words : — 

" Until the day of in the year , and until the 

end of the next session of Congress, and no longer, the faith of 
the United States being hereby pledged, that timely and ade- 
quate provision shall be made for the full accomplishment of all 
the purposes for which the moneys arising under the operation of 
this act, are pledged and appropriated." 

The question being taken on this motion to amend the original 
proposition, it was determined in the negative, as follows : — 

Ayes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Giles, 
Hartley, Heister, Jackson, Mathews, Moore, Muhlenberg, Par- 
ker, Scott, Seney, Sevier, Steele, Tucker, Williamson. — 19. 

Noes — Messrs. Ames, Benson, Boudinot, Bourne, Cadwala- 
der, Clymer, Fitzsimons, Floyd, Foster, Gale, Gerry, Gilman, 
Goodhue, Griffin, Grout, Hathorn, Huntington, Lawrance, Lee, 
Leonard, Livermore, Madison, jr., Partridge, Van Rensselaer, 
Schureman, Sedgwick, Sherman, Silvester, Sinnickson, Smith, 
of Maryland, Smith, of South Carolina, Stone, Sturges, That 
cher, Trumbull, Vining, Wadsworth, White, Wynkoop. — 39. 

The clause, as it was originally proposed, was then agreed to. 
Ordered to On the 25th, the discussion of the bill being closed, and no i<j. p< ^62 
be en- further amendments being proposed, the question, on its engross- 363 « 
ment for a third reading, was put, and decided in the affirmative, 
by the following vote: — 

Jlyes — Messrs. Ames, Benson, Boudinot, Bourne, Cadvvala- 






HISTORY OF CONGRESS. 345 



Chap. III. National Revenue— Duties on Spirits. 1791. 



1st congress, der, Carroll, Clymer, Fitzsimons, Floyd, Foster, Gale, Gerry, 

— Gilman, Goodhue, Grout, Huntington, Lawrance, Lee, Leonard, 

Livermore, Madison, jr., Partridge, Schureman, Scott, Sedg- 
wick, Sherman, Silvester, Sinnickson, Sturges, Thatcher, Trum- 
bull, Vining, Wadsworth, White, Wynkoop. — 35. 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, H. Journal, 
Griffin, Giles, Hartley, Hathorn, Heister, Jackson, Mathews, P- 364 » 365 - 
Muhlenberg, Parker, Van Rensselaer, Seney, Sevier, Steele, 
Stone, Tucker. — 20. 

Bill passed. On the 27th, the bill was read a third time and passed; the 
vote, on its final passage, being as follows: — 

Jiyes — Messrs. Ames, Benson, Boudinot, Bourne, Cadwalader, 
Carroll, Clymer, Fitzsimons, Floyd, Foster, Gerry, Gilman, 
Goodhue, Griffin, Grout, Huntington, Lawrance, Lee, Leonard, 
Livermore, Madison, jr., Partridge, Schureman, Sedgwick, 
Sherman, Silvester, Sinnickson, Smith, of South Carolina, 
Sturges, Thatcher, Trumbull, Vining, Wadsworth, White, Wyn- 
koop. — 35. 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, 
Giles, Hartley, Hathorn, Heister, Jackson, Mathews, Moore, 
Muhlenberg, Parker, Van Rensselaer, Seney, Smith, of Mary- 
land, Steele, Stone, Tucker, Williamson. — 21. 
Bill in Se- The bill having been sent to the Senate, received its first read- s. Journal, 

rate. j n g there, on the 28th of January; and, on the 2d of February, it P- 237— 

was committed, after some debate, to Messrs. Morris, Ellsworth, 
Langdon, Schuyler, and Strong. Mr. Morris, from this com- 
mittee, reported the bill on the 7th, in an amended form; and 
the amendment of the committee to the fourth section was agreed 
to on the next day, making the section read as follows: — 

Amended. " Sect. IV. Jlnd be it further enacted — That the President 
of the United States be authorized to appoint, with the advice and 
consent of the Senate, such number of officers as shall appear to 
him necessary to inspect the revenue arising under this law; and 
the President of the United States may, in each state, designate 
the districts and surveys in which they shall act, assigning to each 
district a general inspector thereof, and as many other inspectors 
to each survey therein, as he shall think advisable, placing the 
latter under the superintendence of the former. Provided, al- 
ways — That it shall and may be lawful for the President, with 
the advice and consent of the Senate, in his discretion, to ap- 
point such and so many of the officers of the customs to be in- 
spectors under this act, as he shall deem advisable to employ in 
Vol. I.— 44 




1791. 



also— That, if the ap- 
:: mj part ::' them, 5;. = 11 

r:; :; ir.-le :::.ig ir.e t:^:.: 5c55 :: c: 0::.r-rS5. :.- ?::•• 
dent shall have power, and be is hereby empowered, to make 

\:.~ rf: t 55 ::" : _ .r Si -.:..-:. :y £~i :.:.:. 2 

expire a: the end of 



A --.:•.*::. ~:5 ::.e:. r.iif '.: eri.-ge :hr :':":~::: :.;_h ::' 
the ameodment which had been agreed to; namely : u mfcnd pro- 
tided, also — That if the appointment of the officers aforesaid," 
&c, to the end of the section. The question being taken on 
this motion, it was decided in the negative, by the following 
rote: — 

Teas— Messrs. Bassett, Butler, Gunn, Izard, Langdon, Ma- 
day, Monroe, Stanton, Wingate. — 9. 

Kays — Messrs. Carroll, Dal ton, Dickinson, Elmer, Few, Fos 
ter, Henry, Johnson, Johnston, King, Morris, Read, Schoyler, 
Strong. — 14. 

A:-;t:::::«:i ~ :::::. :: : f -::=-. ~ : : :ii:= ?.~:::rf:: ~i5 \'::.i:. 5 "_:-.^. 
made; and on the following day, the residue of the report of the P- 3 *^ 341 - 
comnnttee was agreed to: and the bill, as amended, was ordered 
to a third reading. On the 10th, the bul was read a third time, iip-3CT— 
when a motion was made to expunge the 65th section, which 

Tr.^15 th.15: 

tf .W6e if/«rt&srciMClei--Thattiie several duties imposed 

:j :i:5 2:: a. . ::::.: i~ :: ':■: ::".:e::-=: l:.: p = :z -i:i". ::.■: :Y::« 
-.:.: ::::-^~ :':: -1.;:. ::,j -.— r Te-f^ei 11: :.: :~: rrii'.f : :£?..£ 
:e ii'.'.j i^::::.:: ?.-£ 5,:: i£^i. i:.: z: ~.:zztr." 

T£f -irf:.::. : = ::.;: z~:. :iz r: :::::. ~i5 f e- : i i e £ ii ::.e neg?.- 
trre. 

It was then moved to amend the thirteenth section in the fol- 
7:: rvirj ;i\::. ::' :~:5£ 5;>::.?.. n\::= :£ir. '.::. 
:v* :-."•-:• "re.:- :":-:'. :-:::::!:: *. : I'i::.=": :y:::riMr, :.-:-; 
*:-:r.:.5.'" ':-•::.;: r z :.: - i'.T.-r.." -.:.: :-5-:::r; ■■ t\z:.::' ,zi als: ::. 
the corresponding clause ofthe fourteenth section, which imposed 
•• -•>.:• :-: : '.5 " : .:j :r. •: >::« : :' -: : :v ;::•::". i:r:':'.. f: :'::"'. ::~c:5- 
tic materials, by striking out " nine,~ and ins ta ting " six f and 
that the duties proposed to be raised by this bul from spirals (Sa- 
tined in the United States, be conformed to this ratio in the dif- 
grades mentioned in the bill, keeping the same rate of 

nerence in each." 

This pio p oMliu n was also determined in the negative j 1 



HISTORY OF CONGRESS. 347 



CHAP. HI. National Revenue— Duties on Spirits. 1791. 



1st congress, also a motion made separately to strike out "eleven," in the 

3d Session. r J 

clause already quoted, and insert " nine." It was then moved to 

amend the clause, in the first section, which imposed a duty of 
twenty cents on every gallon of distilled spirits imported, "more 
than ten per cent below proof, by inserting the word " one," af- 
ter " twenty ;" and to make a proportionable addition upon all 
the different grades of imported spirits, mentioned in the bill, 
and in like proportion to reduce the duty on distilled spirits, ma- 
nufactured within the United States j" and this motion was also 
rejected. 

It was ordered, that the fourth section of the bill be recommit- S. Journal, 
ted for further amendment On the 11th, Mr. Morris, from the p " * 
committee instructed to consider this section, reported an amend- 
ment, and the report was adopted; and the report and bill were 
then recommitted, and the committee were instructed to conform 
the bill to the amendments which had been agreed on. 

Billpassed. The bill was again reported on the following day, when it was 
moved, " that the rates of duties on imported spirits be so in- 
creased, as that the sums payable on imported spirits shall be 
one-third higher than the duties payable on spirits of similar 
proof, distilled within the United States from foreign materials ;" 
but this motion proved unsuccessful. The question was then 
put, on the passage of the bill, as amended, and was decided in 
the affirmative, as follows: — 

Yeas — Messrs. Bassett, Butler, Carroll, Dickinson, Ellsworth, 
Elmer, Few, Hawkins, Henry, Johnson, Johnston, Izard, King, 
Langdon, Monroe, Morris, Read, Schuyler, Stanton, Wingate. 
—20. 

Nays — Messrs. Dal ton, Foster, Gunn, Maclay, Strong. — 5. 

The bill was then passed with the following amendments: — 

Amend- " Sect. 3, line 3. After * fifty,' insert * and shall not amount to Id. p. 263. 
ments of more than five hundred.' 
the Senate. 

" Lines 5, 6. Expunge * of one moiety thereof in three months, 

and the other moiety thereof in six months,' and substitute 
* thereof in four months ; and if the amount of the said duties 
shall exceed five hundred dollars, the same may be immediately 
paid, or secured by bond, with condition for the payment there- 
of in six months.' 

" Line 6. After * bond,' insert ' in either case.' 
" Line 15. Expunge from the word ' made,' to the word c shall,' 
in the 17th line, and substitute, * and if, at the expiration of the 
time mentioned in the bond for the payment of the duties there- 



348 HISTORY OF CONGRESS. 



Cau. HI. National Revenue— Duties on Spirits. 1791. 



^SsSrT 8 ' kj intended to be secured, the same shall Dot be paid, then the 
said deposited spirits.' 

menrT^of " Line 2S ' Ex punge from the word 'Representatives,' to the 

Senate. end of the section. 

" Sect. 4. Expunge the whole section, and substitute — 
" < In order to a due collection of the duties imposed by this 
act, Be it further enacted — That the United States shall be divided 
into thirteen districts, each consisting of one state, but subject to 
alterations by the President of the United States, from time to 
time, by adding to the smaller such portion of the greater, as 
shall, in his judgment, best tend to secure and facilitate the col- 
lection of the revenue; which districts it shall be lawful for the 
President of the United States to subdivide into surveys of in- 
spection, and the same to alter at his discretion. 

" ' That the President be authorized to appoint, with the advice 
and consent of the Senate, a supervisor to each district, and as 
many inspectors to each survey therein as he shall judge neces- 
sary, placing the latter under the direction of the former : Pro- 
vided, always — That it shall and may be lawful for the President, 
with the advice and consent of the Senate, in his discretion, to 
appoint such, and so many, officers of the customs to be inspec- 
tors, in any survey of inspection, as he shall deem advisable to 
employ, in the execution of this act: Provided, also — That where, 
in the judgment of the President, a supervisor can discharge the 
duties of that office, and also that of inspector, he may direct 
the same: .hid provided further — That if the appointment of the s. Journal, 
inspectors of surveys, or any part of them, shall not be made P" 264, 
during the present session of Congress, the President may, and he is 
hereby empowered to make such appointments, during the recess 
of the Senate, by granting commissions, which shall expire at the 
end of the next session. 

" ■ Sect. — . And be it further enacted — That the supervisors, in- 
spectors, and officers, to be appointed by virtue of this act, and 
who shall be charged to take bonds for securing the payment of 
the duties upon spirits distilled within the United States, and with 
the receipts of moneys in discharge of such duties, shall keep fair 
and true accounts and records of their transactions, in their re- 
spective offices, in such manner and form as may be directed by 
the proper department, or officer, having the superintendence of 
the collection of the revenue; and shall, at all times, submit their 
books, papers, and accounts, to the inspection of such persons as 
are, or may be, appointed for that purpose ; and shall, at all times, 
pay to the order of the officer who is, or shall be, authorized to 



HISTORY OF CONGRESS. 349 



Chap. III. National Revenue— Duties on Spirits. 1791. 



ist congress, direct the payment thereof, the whole of the moneys which they 

may respectively receive by virtue of this act, and shall also, 

ments^of once m evei 7 three months, or oftener if they shall be required, 

Senate. transmit their accounts for settlement to the officer, or officers, 

whose duty it is, or shall be, to make such settlement. 

" * Sect. — . And be it further enacted — That all officers and per- 
sons to be appointed pursuant to this act, before they enter on 
the duties of their respective offices, shall take an oath, or affir- 
mation, diligently and faithfully to execute the duties of their 
said offices, respectively, and to use their best endeavours to pre- 
vent and detect frauds, in relation to the duties on spirits, imposed 
by this act ; which oath or affirmation may be taken before any 
magistrate authorized to administer oaths within the district or 
survey to which he belongs ; and being certified under the hand 
and seal of the magistrate, by whom the same shall have been ad- 
ministered, shall, within three months thereafter, be transmitted 
to the comptroller of the treasury : in default of taking which 
oath or affirmation, the party failing shall forfeit and pay two 
hundred dollars to the use of the United States, to be recovered 
with costs of suit.' 

"Sect. 5, line 1. Expunge 'inspector or inspectors,' substitute 
* supervisor.' 

" Sect. 6, lines 5, 6. After the word ■ to,' insert ' are of,' add s, 
to * inspector.' 

" Line 6. Expunge ' or other chief officer of inspection.' 
" Sect. 7, line 7. Expunge * inspector of the revenue or other.' 
" Sect. 8, line 7. Expunge ' proper.' 

"Line 7. After * inspection,' insert ' to whom report was made.' 
" Line 9. After ' certified,' insert ' or reported.' 
" Lines 11, 12. Expunge * without fee or charge.' 
" Sect. 10, lines 3, 4, and 12. After ■ casks/ insert i vessels.' 
" Line 12. After ' each,' expunge to the end of the section, and 
substitute ' and if such officer is not the chief inspector within the 
survey, he shall, as soon as may be thereafter, make an exact 
transcript of each entry, and deliver the same to such chief in- 
spector, who shall keep a like book for recording the said trans- 
cripts.' 

" Sect. 11, lines 1, 2. Expunge < inspector of the revenue, or 
other.' 

* Lines 8, 9. Expunge * inspector or other chief,' also, ex- 
punge ' of inspection.' 

" Line 12. Expunge < of inspection.' ^ 

" 14. After < particularly,' insert, « as.' 



350 HISTORY OF CONGRESS. 



Chap. III. National Revenue— Duties on Spirits. 1791. 



1st congress. "Sect. 12. Expunge the whole section. 

! — ^ " 16, line 8. Before * officer/ insert * chief.' 

mente Cn of " 17 > 1 * Ex P un g e from the wor d * the,' to the word 

Senate. « who,' in the 3d line, and substitute * supervisor of each district 
shall appoint proper officers to have the charge and survey of the 
distilleries within the same, assigning to each one or more distil- 
leries, as he may think proper.' 

" Sect. 18, line 2. Expunge * of inspection,' and after ' whose,' 
insert ' charge and.' 

"Line 19. After < tackling,' insert 'and the vessel or boat, 
with its tackle and apparel.' 

"Sect. 19. At the end of the section, add, 'except by con- 
sent and in presence of the officer having the charge and survey 
thereof, on pain of forfeiture of such spirits, or the value there- 
of, at the highest price in the market, to be recovered, with 
costs of suit, from the acting owner or manager of such dis- 
tillery.' 

" Sect. 22, line 2. Expunge ' inspector of the revenue, who,' S. Journal, 
substitute 'supervisor.' 

" Line 3. After ' district,' insert, 'who.' 

'< 10. Expunge 'inspector, or inspectors:' substitute 

' supervisors. ' 

" Sect. 23, line 3. Expunge ' or on a paper.' 

" Line 6. Expunge ' or paper.' 

" 6. Expunge 'proper.' 

" 15. Expunge ' or paper.' 

" Sect. 24, line 2. Expunge from the preamble, after the 
word ' imposed,' and also the whole section; and, after the word 
'imposed,' add 'or spirits distilled within the United States.' 

" Sect. 25, line 5. Expunge ' and.' 

" Line 2. Expunge ' within any city, town^ or village,' and 
substitute ' from molasses, sugar, or other foreign materials, or 
from materials the growth or production of the United States.' 

" Line 14. Expunge ' within any city, town, or village.' 

" 22. Expunge ' inspector,' substitute ' supervisor.' 

" 25. Expunge ' dealers in, or.' 

" 34. After the word, ' aforesaid,' expunge to the end 

of the section. 

" Sect. 26, line 1. Expunge 'inspector or inspectors,' substi- 
tute ' supervisor.' 

" Lanes 5, 6. Expunge ' or their.' 

" Line 9. Expunge ' dealer, or.' 

" 11. After ' stock,' expunge the remainder of the sec- 



HISTORY OF CONGRESS. 351 



Chap. HI. National Revenue— Duties on Spirits. 1791. 



1st congress, tion, and substitute i and the inspector of each survey shall keep 
a book, wherein he shall enter the name of every distiller, and 
ments^of tne Particulars of such old stock in the possession of each, desig- 
Senate. nating the several casks, cases, and vessels containing the same, 
and their respective quantities, kinds, proofs, and marks; and shall 
also give a certificate to every such distiller, of the quantity and 
particulars of such old stock in his or her possession, and a sepa- 
rate certificate for each cask, case, or vessel, describing the same; 
which certificate shall accompany the same wheresoever it shall 
be sent. And such distiller, his or her agent or manager, upon 
the sale and delivery of any of the said spirits, shall deliver to the 
purchaser or purchasers thereof the certificate or certificates that 
ought to accompany the same, on pain of forfeiting fifty dollars 
for each cask, case, or vessel, with which such certificate shall 
not be delivered. ' 

" Sect. 27, line 4. Expunge * within whose district,' substi- 
tute * at the port where.' 

" Line 5. Expunge from the word < herein,' to the word 
'and,' in the 10th line, and substitute < before directed; touch- 
ing such spirits as shall be in the possession of distillers on the 
first day of July next, and shall grant the like certificates there- 
for as for such spirits: which certificates shall accompany the re- 
spective casks, cases, and vessels, to which they shall relate, 
wheresoever they shall be sent; and such importer, his or her 
agent, upon the sale and delivery of any of the said spirits, 
shall deliver, to the purchaser or purchasers thereof, the certifi- 
cate or certificates which ought to accompany the same, on pain 
of forfeiting fifty dollars for each cask, case, or vessel, with 
which such certificate shall not be delivered.' 

M Sect. 28. Expunge the whole section. 

"Sect. 29, line 1. Expunge from the word 'any* to the word 
'it,' in the 3d line, and substitute 'cask, case, or vessel, contain- 
ing distilled spirits, which, by the foregoing provisions of this act* 
ought to be marked and accompanied with a certificate, shall be 
found in the possession of any person, unaccompanied with such 
marks and eertificate. , 

" Sect. 30, line 2. Expunge ■ district/ substitute ' survey.' 

" Line 4. Expunge < by the said wholesale dealers.' 

" Sect. 31. Expunge the whole section. 

" Sect. 33, line 2. Expunge < dealer, or.' 

" Line 6. Expunge ' dealer,' substitute 'distiller.' At the end 
of the section, add, * Provided, that nothing in this section con- 
tained shall be construed to e&tend to casks or vessels capable of 



352 HISTORY OF CONGRESS. 



Chap. III. National Revenue— Duties on Spirits. 1791. 

1st congress, containing two hundred gallons and upwards, and which are not 
" intended to be removed.' t 



1791. 



Amend 



merits 



o J. "Sect. 34, lines 9, 10. Expunge 'in the presence of a consta- 



Senate. ble, or other officer of the peace/ 

" Sect. 35, line 2. After ' liquors,' insert ' except gin or cordials 
in cases, jugs, or bottles.' 

" Line 9. Expunge ' such.' 

" Sect. 37, line 1. Expunge * dealer by wholesale, or.' 

" Line 5. Expunge ' or on a paper.' 

" Line 9. Expunge * and papers.' 

"Lines 10, 11. Expunge 'dealers and 'expunge 'inspectors,' S. Journal, 
substitute ' supervisors.' p * 

"Line 17. Expunge ' and papers.' 

" Line 18. Expunge ' dealers and.' 

" Line 19. Expunge 'and papers.' 

" Line 20. Expunge ' dealers and.' 

" Line 22. Expunge ' dealers and.' 

" Lines 23, 24. Expunge ' dealer or.' 

" Line 24. Expunge ' paper, or papers/ 

" Sect. 39, line 5. Expunge ' which words may be expressed 
by their respective initials.' 

" Sect. 40, line 2. Expunge ' inspector,' insert ' supervisor.' 

" Line 9. Expunge ' inspector,' substitute 'officer.' 

" Line 18. Expunge ' or other.' 

" At the end of the section, add, ' And provided, also, — That 
if it shall appear from the verdict of the jury, that any such pre- 
judice or waste was sustained by the negligence of the officer, 
he shall be responsible therefor to the United States.' 

"Sect. 41, line 1. Expunge 'inspector,' substitute 'supervisor.' 

" Sect. 43, line 1. Expunge ' inspector,' substitute ' supervi- 



sors.' 



" Sect. 44, line 4. After the word ' and,' insert ' unless brought 
in a court of the United States.' 

" Line 4. Expunge the word ' proper.' 

" Sect. 45, line 1. Expunge the word ' all.' 

" Line 5. After the word ' incurred,' insert ' at any time with- 
in one year, after the last day of June next.' 

" Line 6. Expunge ' manner,' insert ' way.' 

" Line 10. After the word ' thereof,' expunge to the end of 
the section, and substitute ' and shall cause the facts which shall 
appear upon such inquiry to be stated and annexed to the peti- 
tion, and direct their transmission to the secretary of the trea- 
sury of the United States, who shall thereupon have power to 



HISTORY OF CONGRESS. 353 



Chap. III. National Revenue— Duties on Spirits. 1791. 



1st congress, mitigate or remit such penalty or forfeiture, if it shall appear 
" to him that such penalty or forfeiture was incurred without wil- 

ments^of ^ negligence, or any design or intention of fraud, and to cause 
Senate. any spirits which may have been seized, to be restored to the 
proprietor or proprietors, upon such terms and conditions as shall 
appear to him reasonable/ 

" Sect. 46, line 11. Expunge 'district/ substitute 'survey.' 

" Sect. 49, line 2. Expunge ' inspector or,' substitute ' supervi- 
sor or other.' 

" Sect. 50, line 1. Expunge ' inspector or,' substitute ' supervi- 
sor or other.' 

" Line 5. The same amendment. 

"Sect. 51, line 1. Expunge 'such inspector or,' substitute 'su- 
pervisor or other.' 

" Line 8. Expunge ' inspector,' substitute 'supervisor or other/ 

" Sect. 52. Expunge the whole section. 

" Sect 55, line 6. After 'casks,' insert ' vessels/ 

" Line 11. The same. 

" Line 15. The same. 

" Line 17. After ' cask,' insert ' Vessel/ 

" Sect. 56, line 7. After ' paid,' insert ' or secured to be paid/ 

" Lines 14, 15. Expunge ' according to the late treaty of peace 
with Great Britain/ 

"Sect. 58, line 16. From the Word 'inspection,' expunge the 
remainder o^ the section. 

"Sect. 61, lines 3, 4. Expunge 'any justice of the peace, or 
court of any state of competent jurisdiction or,' substitute the 
word ' the/ Expunge the proviso* 

" Sect. — . After section 61, insert — ' And be it further enacted-^- 
That it shall and may be lawful for the President, from time to 
time, to make such allowances to the said supervisors, inspectors, 
and to the deputies and officers by them to be appointed and em- 
ployed, for their respective services in the execution of this act, 
to be paid out of the product of the said duties, as he shall deem 
reasonable and proper : Provided, always — That the aggregate 
amount of the allowance to all the said supervisors, inspectors, 
deputies, and other officers, shall not exceed five per cent, of the 
said product, computed throughout the United States $ and such 
allowance shall continue to be paid, until altered by law/ 

" Sect. 62, line 4. After 'districts,' insert ' and surveys/ 

"Sect. 63, line 3. Expunge 'they are,' substitute 'is/ 

" Line 16. After the first word ' of,' expunge to the word ' and,* 
in the 19th line, and substitute ' towards such purposes for which 
Vol. L— 45 



354 HISTORY OF CONGRESS. 



Chap. III. National Revenue— Duties on Spirits. 1791. 



1st Congress, appropriations shall be made during the present sessions.' Ex- 
: — "" punge the proviso, and add to it the sixty-fifth section. 

mentT^of " SecL 64 ' line 2 ' Ex P un g e ' each »* insert * this, and every suc- 
Senate. ceeding.' 

" Line 7. Expunge l to ;' insert * for.' 

" The sections to be numbered to correspond with the amend- 
ments." 



Consider- These amendments being communicated to the House of Re- H. Journal, 
ed in the presentatives, they were, on the 15th, committed to a committee p * 
of the whole house; and, on the 17th, that committee was dis- 
charged from their further consideration ; and the house proceed- 
ed to consider them, disagreeing to some, and agreeing to others, 
until the hour of adjournment. On the 18th, the subject being id. p. 382. 
under consideration, the amendment to the 61st section, ex- 
punging the words " any justice of the peace, or court of any 
state of competent jurisdiction ;' ! and also, substituting the word 
* the,' and expunging the proviso, was read, when a motion was 
made to amend the amendment, by striking out the whole of the 
said 61st section, which stood thus: — 

" And be it further enacted — That the prosecution for all fines, 
penalties, and forfeitures, incurred by force of this act, and for all 
duties payable in virtue thereof, and which shall not be duly 
paid, shall and may be had before any justice of the peace, or 
court of any state, of competent jurisdiction, or court of the United 
States, of the district in which the cause of action shall arise, 
with an appeal, as in other cases: Provided — That when the 
cause of action shall exceed in value fifty dollars, the same shall 
not be cognizable before a justice of the peace only." 

This motion to amend the amendment of the Senate, was agreed 
to, and the section was consequently stricken out. The question 
to agree to the Senate's amendment, as now amended, was then 
put, and decided in the affirmative, by the following vote : — 

Ayes — Messrs. Ames, Baldwin, Benson, Bourne, Cadwalader, id. p. 383. 
Carroll, Clymer, Contee, Fitzsimons, Foster, Gale, Gerry, Gilman, 
Goodhue, Griffin, Giles, Huntington, Lawrance, Lee, Leonard, 
Madison, jr., Schureman, Sedgwick, Seney, Sevier, Sherman, Sil- 
vester, Sinnickson, Smith, of Maryland, Smith, of South Caroli- 
na, Sturges, Sumpter, Trumbull, Wadsworth, Wynkoop. — 35. 

Noes — Messrs. Ashe, Bloodworth, Boudinot, Burke, Floyd, 
Hartley, Hathorn, Heister, Livermore, Mathews, Moore, Muhlen- 
berg, Parker, Partridge, Van Rensselaer, Scott, Steele, Thatch- 
er, Tucker, White, Williamson. — 21. 



HISTORY OF CONGRESS. 355 



CHAP. III. National Revenue— Duties on Spirits. 1791. 



1st congress. On the following day, it was moved to amend the amendment h. Journal. 

3d Session. ° *' # og^ 305 

proposed by the Senate, in the form of a new section, to follow p " » 
ments to sec ti° n 61, by striking out the words " five per cent, of the said 
the Senate produce, computed throughout the United States; and such al- 
ments. lowances shall continue to be paid until altered by law;" and in- 
serting, in lieu of the words expunged, these words: "seven per 
cent, of the whole product of the duties arising from the spirits 
distilled within the United States; and such allowances shall con- 
tinue to be paid for the space of two years, unless sooner altered 
by law." And this question was determined in the affirmative, 
the ayes and noes being as follows : — 

Ayes — Messrs. Ashe, Baldwin, Bloodworth, Boudinot, Bourne, 
Brown, Burke, Carroll, Contee, Floyd, Gilman, Griffin, Grout, 
Giles, Hartley, Hathorn, Heister, Jackson, Lee, Livermore, Ma- 
thews, Moore, Muhlenberg, Parker, Van Rensselaer, Scott, Se- 
ney, Sevier, Silvester, Smith, of Maryland, Sumpter, Tucker, Vi- 
ning, White. — 34. 

Noes — Messrs. Ames, Benson, Cadwalader, Clymer, Fitzsimons, 
Foster, Gerry, Goodhue, Huntington, Lawrance, Leonard, Par- 
tridge, Schureman, Sherman, Sinnickson, Smith, of South Caro- 
lina, Sturges, Thatcher, Trumbull, Wynkoop. — 20. 
Amend- The amendment as amended was then agreed to. And all the ia. p. 385. 
men a a * °* ner amendments of the Senate were then agreed to. 

The decision of the House concerning the amendments was 
communicated to the Senate, accompanied by a suggestion " that, 
in the 10th, 11th, 40th, and 43d sections of the bill, there appear 
to be sundry omissions of corresponding amendments, which are 
rendered necessary in consequence of other amendments to the 
same sections. " 

The resolutions transmitted to the Senate by the House were 
as follows: — 

" Resolved— That this house doth disagree to the amendment s. Journal, 
to the 34th section, and doth agree to the amendments to all the V^7^275. 
other sections, as far as the 58th section inclusive, with amend- 
ments to several of the said amendments, as follow : — 

"Sect. 3. First amendment, transpose it so as to come in after 
the word * fifty,' in the third line of the section. 

" Sect. 4. In the first of the three sections proposed by the Se- 
nate, to be inserted in lieu of the fourth section, and in the se- 
cond line, strike out ' thirteen,' and insert 'fourteen.' 

" Sect. 27. First amendment, in the words proposed by the Se- 
nate, to be substituted in lieu of the words stricken out, strike 
out < at the port where,' insert < within whose survey.' " 



356 HISTORY OF CONGRESS. 



Chip. III. National Revenue— Duties on Spirits. 1791. 



istcongresa. "Resolved — That this house doth agree to the amendment to 

3d Sessio n. . f ° 

the first section, with an amendment, by striking out, in addition 
to the words proposed to be stricken out by the Senate, the whole . 
of the said section, without any substitute: — 

" Resolved — That this house doth agree to all the other amend- 
ments proposed by the Senate to the before-mentioned bill, with 
an amendment to the section, which is proposed to follow the 61st 
section, as followeth: strike out from the word ' exceed/ in the 
seventh line, and insert ■ seven per cent, of the whole product ot 
the duties arising from the spirits distilled within the United 
States, and such allowances shall continue to be paid for the space 
of two years, unless sooner altered by law.'/' 

Proceed- The Senate then took up the subject for consideration, and 
ingu on the receded from all their amendments disagreed to by the House of 
ments in Representatives, and agreed to those of the House, except to the 
the Senate, amendment proposed to follow the 61st section ; to which the Se- 
nate agreed, amended as follows: " seven per cent, of the whole 
product of the duties arising from spirits distilled within the 
United States, and such allowances shall continue to be paid, un- 
til altered by law. " 

The Senate also adopted the amendments suggested by the 
House to render the 10th, 11th, 40th, and 43d sections consistent 
and intelligible. 
Disagree- The House, on the 22d, disagreed to the alteration made by the h. Journal, 
mem. Senate, in the amendment proposed to follow the 61st section, by p. 386,387. 

the following vote :-— 

Ayes — Messrs. Ashe, Baldwin, Bloodworth, Boudinot, Bourne, 
Brown, Burke, Carroll, Contee, Floyd, Griffin, Grout, Giles, Hart- 
ley, Hathorn, Heister, Jackson, Lee, Livermore, Madison, jr., 
Mathews, Moore, Muhlenberg, Parker, Van Rensselaer, Scott, 
Seney, Silvester, Smith, of Maryland, Steele, Stone, Sumpter, 
Tucker, Vining, White, Williamson. — 36. 

Noes — Messrs. Ames, Benson, Cadwalader, Clymer, Fitzsimons, 
Foster, Gale, Gerry, Goodhue, Huntington, Lawrance, Leonard, 
Partridge, Schureman, Sedgwick, Sevier, Sherman, Sinnickson, 
Smith, of South Carolina, Sturges, Thatcher, Trumbull, Wads- 
worth, Wynkoop. — 24. 

The further amendments of the Senate were then agreed to. 
House in- The resolution of the House of Representatives to insist on s. Journal, 
sist - their amendment to the last clause of the section, proposed by P- 279, 

the Senate to follow the 61st section, was taken up by the Se- 
Senate in- nate on the 23d, when it was moved that the Senate insist on 

sist. 



HISTORY OF CONGRESS. 357 



Chap. III. National Revenue— Duties on Spirits. 1791. 



1st congress, their amendment to the amendment of the House; which motion 

3d Session. • f . ~ 

was decided in the affirmative by the following vote :— 

Yeas — -Messrs. Bassett, Butler, Dalton, Dickinson, Ellsworth, 
Elmer, Foster, Johnson, Izard, Morris, Read, Schuyler, Stanton, 
Strong. — 14. 

Nays — Messrs. Carroll, Few, Hawkins, Henry, Johnston, Lee, 
Maclay, Monroe, Wingate. — 9. 
Confer- A resolution was then adopted, desiring a conference with the s. Journal, 
ence. House of Representatives, on the subject of disagreement, and P- 388,3 • 

Messrs. Ellsworth, King, and Morris, were appointed managers 
on the part of the Senate. On the part of the House, Messrs. 
Boudinot, White, and Livermore, were appointed managers. 
Report. O n the 25th, Mr. Boudinot made a report from the managers 
House re- on the part of the House, when it was moved that the House re- 
cede. ce d e f rom their disagreement to the amendment last proposed by 
the Senate, and agree to it, amended to read as follows: " Seven 
per cent, of the whole product of the duties arising from the spi- 
rits distilled within the United States: Jind provided, also — 
That such allowances shall not exceed the annual amount of for- 
ty-five thousand dollars, until the same shall be further ascer- 
tained bylaw." 

The question being put on this motion, it was determined in 
the affirmative by the following vote: — 

Jlyes — Messrs. Ames, Benson, Boudinot, Bourne, Cadwala- id. p. 392. 
der, Clymer, Fitzsimons, Foster, Gale, Gerry, Gilman, Good- 
hue, Hartley, Huntington, Lawrance, Leonard, Partridge, 
Schureman, Scott, Sedgwick, Sevier, Sherman, Sinnickson, 
Smith, of South Carolina, Sturges, Thatcher, Trumbull, Vining, 
Wadsworth, Wynkoop. — 30. 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, 
Carroll, Contee, Floyd, Griffin, Grout, Giles, Jackson, Lee, Li- 
vermore, Madison, jr., Mathews, Moore, Muhlenberg, Parker, 
Van Rensselaer, Seney, Silvester, Smith, of Maryland, Steele, 
Stone, Sumpter, Tucker, White, Williamson. — 29. 

Mr. Ellsworth made a report to the Senate from the mana- s. Journal, 
gers on the part of that body, on the same day, which was taken p-288.290. 
up for consideration on the 26th, when the amendment made by 
the House was accepted. 



2d congress. On the subject of carrying this bill into effect, the following 1791. 

" message was transmitted to the two houses of Congress, on the 

1st of November, 1791: — 



358 HISTORY OF CONGRESS. 



Chap. III. National Revenue— Arrangement as to Excise. 1791. 



^ congress. " Gentlemen of the Senate, and of the House of Representatives : — 
« I send you, herewith, the arrangement which has been made 
Message by me, pursuant to the act, entitled, ( An act repealing, after the S. Journal, 

dTnt. PreSi * ]ast da F of June next > the duties heretofore laid u P°n distilled P- 332, 
spirits imported from abroad, and laying others in their stead, 
and also upon spirits distilled within the United States, and for 
appropriating the same,' in respect to the subdivision of the se- 
veral districts, created by the said act, into surveys of inspec- 
tion, the appointment of officers for the same, and the assign- 
ment of compensations. 

" G. Washington. 
" United States, October 31, 1791." 

The arrangement respecting the collection of the excise is as 

follows: — 

Arrange- " An arrangement made by the President of the United States, with re- Id p. 333. 

mentofdis- d fo fa su bdi v isions of the several districts thereof into sur- 

tncts, ap- ■* J 

pointment veys, the appointment of officers, and the assignment of compen- 

of supervi- sations, pursuant to the Act of Congress, passed the third day of 

March, 1791, entitled 'An Act repealing, after the last day of 

June next, the duties heretofore laid upon distilled spirits imported 

from abroad, and laying others in their stead, and also upon 

spirits distilled within the United States, and for appropriating 

the same. 9 

" New Hampshire forms one survey of inspection. The duties 
of inspector are performed by the supervisor: to this office Jo- 
shua Wentworth has been appointed. His compensation is a 
salary of five hundred dollars, and a commission of one half per 
centum. 

" Massachusetts forms three surveys of inspection. No. 1 con- 
sists of the province of Maine; No. 2, of the counties of Essex, 
Middlesex, Worcester, Hampshire, and Berkshire; No. 3, of the 
. residue of the state. Nathaniel Gorham has been appointed su- 
pervisor: his compensation is a salary of eight hundred dollars, 
and a commission of one half per cent. The supervisor performs 
the duties of inspector of survey No. 1. Jonathan Jackson has 
been appointed inspector of survey No. 2; and Leonard Jarvis for 
survey No. 3. The compensation to each of these inspectors is a 
salary of five hundred dollars, and a commission of one half per 
cent. 

" Rhode Island forms one survey. The duties of inspector are 
performed by the supervisor. John S. Dexter has been appoint- 
ed to this office, with an allowance of a salary of five hundred 
dollars, and a commission of one half per cent. 



HISTORY OF CONGRESS. . 359 



Chap. III. National Revenue— Arrangement as to Excise. 1791. 



sw congress. " Connecticut forms one survey. The duties of inspector are 

1st Session. * x 

performed by the supervisor, who is John Chester. His com- 
ment "of" P ensa t ,on i s a salary of six hundred dollars, and a commission of 
districts, one half per cent, 

" Vermont forms one survey, of which the supervisor performs 
the duties of inspector. Noah Smith has been appointed to this 
office: his allowance is a salary of four hundred dollars, and 
a commission of one half per cent. 

" New York forms one survey, of which the supervisor acts as 
inspector. William S. Smith has been appointed to this office, 
with a salary of eight hundred dollars, and a commission of one 
half per cent. 

" New Jersey forms one survey. The supervisor performs the 
duties of inspector. To this office, Aaron Dunham has been ap- 
pointed: his compensation is a salary of four hundred dollars, 
and a commission of one half per cent. 

" Pennsylvania forms four surveys. No. 1 consists of the city 
and county of Philadelphia, and the counties of Bucks and Mont- 
gomery; No. 2, of the counties of Berks, Northampton, Luzerne? 
and Northumberland; No. 3, of the counties of Delaware, Ches- 
ter, Lancaster, York, Dauphin, Cumberland, Franklin, Mifflin, 
and Huntingdon; No. 4, of the counties of Bedford, Westmore- 
land, Washington, and Alleghany: The supervisor for the dis- 
trict, George Clymer, acts as inspector of survey No. 1: his 
compensation is a salary of one thousand dollars, and a commis- 
sion of one half per cent. James Collins has been appointed in- 
spector of survey No. 2; Edward Hand of survey No. 3, and 
John Neville of survey No. 4. The allowance to each of these 
inspectors is a salary of four hundred and fifty dollars, and a com- 
mission of one per cent. 

" Delaware forms one survey, of which the supervisor acts as 
inspector. His compensation is a salary of four hundred dol- 
lars, and a commission of one per cent. Henry Latimer, who 
was appointed supervisor, has resigned his office. 

" Maryland forms two surveys. No. 1 comprehends the counties 
of St. Mary, Somerset, Calvert, Queen Anne, Caroline, Kent, 
Charles, Talbot, Dorchester, Baltimore, Anne Arundel, Worces- 
ter, Hertford, Cecil, and Prince George. No. 2 consists of the 
counties of Montgomery, Washington, Frederick, and Allegha- 
ny. The supervisor of the district, George Gale, officiates as 
inspector of survey No. I. His compensation is a salary of se- 
ven hundred dollars, and a commission of one per cent. Philip 
Thomas has been appointed inspector of survey No. 2, with a sa- 



360 HISTORY OF CONGRESS. 



Chap. III. National Revenue-»«Arrangement as to Excise. 1791. 



fcc 



2d congress, lary of four hundred and fifty dollars, and a commission of one 

1st Session. 

per cent. 

m'nt anff f" " ^ r S m ' a nas Deen divided into seven surveys of inspection. 

districts, No. 1 consists of the counties of Lancaster, Northumberland, 
Richmond, Westmoreland, King George, Caroline, Hanover, 
Henrico, Charles city, James city, Warwick, Elizabeth city, 
York, Gloucester, Mathews, Middlesex, Essex, King and Queen, 
King William, and New Kent; No. 2, of the counties of 
Stafford, Prince William, Fairfax, Loudon, Fauquier, Culpep- 
per, Orange, Albemarle, Louisa, and Spottsylvania; No. 3, of 
the counties of Goochland, Fluvanna, Amherst, Bedford, Frank- 
lin, Henry, Patrick, Pittsylvania, Halifax, Charlotte, Mecklen- 
burg, Lunenburg, Nottoway, Amelia, Powhatan, Cumberland, 
Buckingham, Prince Edward, and Campbell; No. 4, of the coun- S. Journal, 
ties of Princess Anne, Chesterfield, Norfolk, Isle of Wight, Sus- p " 
Bex, Surry, Prince George, Dinwiddie, Brunswick, Greenville, 
Southampton, Nansemond, Accomack, and Northampton; No. 5, 
of Frederick, Berkley, Hampshire, Hendy, Monongalia, Ohio, 
Harrison, Randolph, Pendleton, Augusta, Rockingham, and She- 
nandoah; No. 6, of the counties of Rockbridge, Botetourt, Mont- 
gomery, Wythe, Washington, Russell, Greenbriar, and Kan- 
hawa; No. 7 consists of the district of Kentucky: Eidward Car- 
ring has been appointed supervisor, with a salary of one thousand 
dollars, and a commission of one per centum. Drury Ragsdale 
has been appointed inspector of survey No. 1; Edward Stevens 
of No. 2; Mayo Carrington of No. 3; Thomas Newton of No. 4; 
Edward Smith of No. 5; James Breckenridge of No. 6; and 
Thomas Marshal of No. 7. The compensation to these officers 
is to each a salary of four hundred and fifty dollars, and a com- 
mission of one per cent. 

(i North Carolina forms five surveys. No. 1 consists of the 
counties of Wilmington, Anslow, New Hanover, Brunswick, 
Bladen, Duplin, Anson, Richmond, Moore, Cumberland, Ro- 
bertson, and Sampson; No. 2, of the counties of Carteret, Hyde, 
Beaufort, Pitt, Craden, Jones, Dobbs, Johnson, and Wayne; 
No. 3, of the counties of Kurrituck, Camden, Pasquotank, Per- 
quimans, Chowan, Gates, Hartford, and Tyrrel; No. 4, of the 
counties of Northampton, Martin, Halifax, Nash, Edgecomb, 
Warren, Franklin, Caswell, Orange, Randolph, Grandville, 
Wake, and Chatham; No. 5, of the counties of Mecklenburg, 
Montgomery, Roan, Iredell, Surrey, Stokes, Rockingham, Guil- 
ford, Lincoln, Rutherford, Burke, and Wilkes. William Polk 
has been appointed supervisor, and a salary of seven hundred dol- 



HISTORY OF CONGRESS. 35 { 



Chap. HI. National Revenue— Arrangement as to Excise. 1791. 



2d congress lars, and a commission of one per cent, have been assigned him 

1st Session. ' . J ° 

as a compensation. James Read has been appointed inspector 
mtnte nS tf of surve y No - U John Daves of No. 2; Thomas Benbury of No. 
districts, 3; John Whitaker of No. 4; and Joseph M 'Dowel, the elder, of 
No. 5. The compensation to the inspectors of surveys No. 1, 
2, and 3, are to each a commission of two per centum, these in- 
spectors being also officers of the customs. A salary of four 
hundred and fifty dollars, and a commission of one per cent. 
have been assigned as a compensation to the inspectors of sur- 
veys, No. 4 and 5, respectively. 

" South Carolina forms three surveys. No. 1 consists of the 
counties of Colleton, Berkley, Washington, Marion, Bartholo- 
mew, Charleston, Granville, Hilton, Lincoln, Shrewsbury, Win- 
ton, Orange, and Lewisburgh; No. 2, of the counties of Wingaw, 
Williamsburgh, Liberty, Kingston, Darlington, Chesterfield, 
Marlborough, Clarendon, Clermont, Lancaster, Kershaw, Rich- 
land, Fairfield, Chester, and York; No. 3, of the counties of 
Edgefield, Abbeville, Newbury, Laurens, Union, Spartanburg, 
Greenville, and Pendleton. The duties of inspector of survey- 
No. 1, are performed by the supervisor, Daniel Stevens, to whom 
a salary of seven hundred dollars, and a commission of one per 
cent, have been assigned as a compensation. Benjamin Cudworth 
has been appointed inspector of survey No. 2, and Sylvanus 
Walker of No. 3. The compensation assigned to the inspector 
of survey No. 2, is a salary of three hundred dollars, and a com- 
mission of two per centum; to the inspector of survey No. 3, a 
salary of four hundred and fifty dollars, and a commission of one 
per cent. 

" Georgia forms one survey. The supervisor, John Matthews, 
officiates as inspector: the compensation assigned him is a salary 
of five hundred dollars, and a commission of one per cent. 

"The commission, in each case, is computed upon the nett 
product of the duties on spirits distilled within the jurisdiction 
of the officer to whom it is allowed; which nett product is de- 
termined by deducting, at each stage of the compensation, all 
preceding charges. 

" With regard to the ports, the following arrangements have 
been made: — At the ports at which there are both a collector and 
a surveyor, the latter has been appointed an inspector; where 
there is a collector only, he has been appointed; and where there 
is a surveyor only, he has been appointed. The ports at which 
neither collector nor surveyor resides, have been placed under the 
inspection of the collector or surveyor of the district to which 
Vol. I.— 46 



362 HISTORY OF CONGRESS. 



CHAP. III. National Revenue— Arrangement as to Excis*. 1791. 



2d congress, they belong, as the one or the other is the inspector of the reve- 

lst Session. " r . 

nue for the port where he resides. The duties of these .mspee- 

Arrange- ^ Qrg are con fi ne( i f- spirits imported from abroad; and, as they 
districts, bear an analogy to those which they have been accustomed to 
perform, no compensation has been assigned. The officers, di- 
rected by the 18th section of the law to be appointed by the 
supervisors, have been denominated, collectors of the revenue. 
Their number has been of necessity left to the discretion of the 
supervisor, with these general intimations, that they should be, 
in all cases, as few as the proper execution of the business would 
permit; and that,, in regard to the collection of the duties on 
stills, one for each county would suffice: but this regulation ne- 
cessarily varies as the stills are more or less dispersed. Where 
they are much scattered, two, three, or more counties, have been 
assigned to the same person. The compensation to these officers s. Journal, 
is a commission on the sums collected by each, of two per centum P- 335 - 
on the product of the duties on spirits distilled from foreign ma- 
terials; and of four per centum on the product of the duties 
arising from spirits distilled from domestic materials, whether 
per gallon, or by the still. This difference was dictated by the 
different nature of the business. 

"By order of the President of the United States. 

"Alexander Hamilton, 
" Secretary of the Treasury. 
« Treasury Department, October SI, 1791." 

2d session. At the second session of this Congress, on the 22d of Novem- 1792. 

Supple- ber, 1792, other arrangements connected with this subject were s. journal, 
mentaryar- commun i ca ted to the two houses of Congress, accompanied by P- 46 °- 
ment. the following message from the President of the United States: — H -^ irnal » 

tc Gentlemen of the Senate, and of the House of Represen- 
tatives: — 

" I send you herewith the abstract of a supplementary arrange- 
ment which has been made by me, pursuant to the acts of the 
3d day of March, 1791, and the 8th day of May, 1792, for 
raising a revenue upon foreign and domestic distilled spirits; in 
respect to the subdivisions and officers which have appeared to 
me necessary, and to the allowances for their respective services 
to the supervisors, inspectors, and other officers of inspection; 
together with estimates of the amount of compensations and 
charges. 

" G. Washington. 

" United States, November 22, 1792." 



HISTORY OF CONGRESS. 363 



Chap. III. National Revenue— Arrangements as to Excise. 1793. 



2d congress. On the 28th of January next, the following change in the ar- s. Journal, 

rangements as to North Carolina, was communicated in a mes- P- 475 - 
to ha North sa S e addressed by the President of the United States to the two % &£***• 
Carolina, houses of Congress: 

(i Gentlemen of the Senate, and of the .House of Representa- 
tives: — 

" Since my last communication to you, on the subject of the 
revenue on distilled spirits, it has been found necessary, in expe- 
rience, to revise and amend the arrangements relative thereto, 
in regard to certain surveys, and the officers thereof, in the dis- 
trict of North Carolina j which I have done, accordingly, in the 
manner following: — 

" 1st. The several counties of the said district originally and 
heretofore contained within the first, second, and third surveys, 
have been allotted into, and are now contained in, two surveys: 
one of which (to be hereafter denominated the first,) comprehends 
the town of Wilmington, and the counties of Anslow, New Ha- 
nover, Brunswick, Robertson, Sampson, Craven, Jones, Lenox, 
Glascow, Johnston, and Wayne; and the other of which (to be 
hereafter denominated the second,) comprehends the counties of 
Kurrituck, Camden, Pasquotank, Perquimans, Chowan, Gates, 
Hartford, Tyrrel, Bertie, Carteret, Hyde, Beaufort, and Pitt. 

" 2dty. The several counties of the said district originally and 
heretofore contained within the fifth survey of the district afore- 
said, have been allotted into, and are contained in, two surveys, 
one of which (to be hereafter denominated the third,) compre- 
hends the counties of Mecklenburg, Rowan, Iredell, Montgome- 
ry, Guilford, Rockingham, Stokes, and Surrey; and the other of 
which (to be hereafter denominated the fifth,) comprehends the 
counties of Lincoln, Rutherford, Burke, Buncombe, and Wilkes. 

« ( Sdly. The duties of inspector of the revenue, in and for the 
third survey, as constituted above, are to be performed, for the 
present, by the supervisor. 

" Athly. The compensations of the inspector of the revenue 
for the first survey, as above constituted, are to be a salary of 
two hundred and fifty dollars per annum, and commissions 
and other emoluments similar to those heretofore allowed to the 
inspector of the late first survey, as it was originally constituted. 

" 5thly. The compensations of the inspector of the revenue 
for the second survey, as above constituted, are to be a salary of 
one hundred dollars per annum, and commissions and other 
emoluments heretofore allowed to the inspector of the late third 
survey, as it was originally constituted. 



364 HISTORY OF CONGRESS. 



Chap. HI. National Revenue— Duties on Teas and Spirits. 1793. 



3d congress. " Qthly. The compensations of the inspector of the revenue 

1 — for the fifth survey, as above constituted, are to be a salary of 

Change as Qne hundred and twenty dollars per annum, and the commissions 

Carolina, and other emoluments similar to those heretofore allowed to the 

inspector of the late fifth survey, as it was originally constituted. 

" G. Washington. 
" United States, January 23, 1793:' 



ist confess. It will be recollected that the same committee which reported 1791. 

the bill repealing the duties on distilled spirits, received instruc- 

Teasand tion also to prepare and bring in a bill concerning teas, \Vide H. Journal, 

wines. page 342 -j Accordingly, on the 22d of February, Mr. Sedg- P' 386 ' 
wick, from this committee, presented a bill making further pro- 
vision for the collection of the duties imposed on teas. This 
bill was read a first and second time, and was committed to a 
committee of the whole house. The bill was taken up and con- id. p. 399. 
sidered in committee of the whole, on the 2d of March, and was 
reported without amendment. It was then ordered to be re- 
committed to a committee of the whole house immediately. 
The house then again went into committee on the bill, and re- 
ported an amendment, which was agreed to; and the bill was 
then read a third time and passed, with the following addition to 
the title, "and for prolonging the term for the payment of the id. p. 401. 
duties on wines." 

Bill passed. The bill was read a first and second time in the Senate, on the S. Journal, 
2d of March, and was referred to Messrs. Morris, Langdon, and ?A 6 304 — 
Schuyler, to consider and report upon it. Mr. Morris reported 
the bill on the following day, without amendment, and it was 
passed. 

This bill provides that the bond of the importer of the teas, 
for the payment of the duties, shall be taken, the teas being de- 
posited in a store-house, on which two locks shall be placed, the 
key of one lock to be kept by the importer, and the key of the 
other by the inspector, the teas to be taken up on giving new 
bonds and security, as are described in the bill. The bill also 
allows twelve months for the payment of the duties on Madeira 
and other wines, secured by bond. 



sdcongrets. The subject of teas and spirits required, however, still further 1792. 
— — ^- legislation, and was, at an early period, brought before the at- 



HISTORY OF CONGRESS. 365 



CHAP. HI. National Revenue— Duties on Teas and Spirits. 1792. 



2d congress, tention of the second Congress, by a petition from the merchants H. Journal, 
— — — lm of New York, praying to be allowed a further time for the pay- p ' 517 ' 
for time°to men t °f the duties on a quantity of teas which remained unsold, 
pay duties This petition was referred to Messrs. Lawrance, Fitzsimons, and 

Gerry. A report was made from this committee on the 27th of Id. p. 521. 
February. On the 23d of March, the house proceeded to con- 
sider this report, and adopted the following resolution: — 

Resolution. " Resolved — That for all teas imported into the United States id. p, 545. 
since the third day of March, 1791, the duties whereon shall 
have been bonded, payable in one year, it shall be lawful for the 
officers of the customs, to whom such bonds were given, to can- 
cel the same, and to take other bonds in lieu thereof, payable 
in two years from the time of the importation of the teas, for 
which the same is given: Provided — That such teas are depo- 
sited with the proper officer, agreeably to the provisions of the 
act of the 3d of March, 1791." 

It was then ordered that Messrs. Lawrance, Fitzsimons, and 
Gerry prepare and bring in a bill, or bills, pursuant to this reso- 
lution. On the 24th of March, accordingly, Mr. Fitzsimons, 
BUI to ex- from this committee, presented a bill*" to extend the time here- Id. p. 547. 
tend time, tofore granted for the payment of the duties on certain teas, im- 
House. ported after the third day of March, 1791, which was then read 
a first and second time, and committed to a committee of the 
whole house. The bill was considered in committee of the whole, 
on the 9th of April, and having been considered, was reported 
without amendment, and, on the 10th, was] read a third time, id. p. 571. 
and passed. Having been read a first and second time in the 
Senate, the bill was referred to Messrs. King, Morris, and Lang- 
don, to consider and report upon it. And on the 18th, this corn- 
Rejected rnittee reported that it would be inexpedient to pass this bill; S. Journal, 
by Senate. arj d the Senate then rejected the bill. p.423.429. 

Spirits * n reference to the act repealing the duties on distilled spirits, 

and laying others in their room, which was passed at the close of 
the third session of the first Congress, it was found, on experi- 
ment, that some change would be necessary to render this mea- 
sure an efficient and satisfactory source of revenue. Soon after 
the assembling of the second Congress, measures were put in 1791. 
train to discover how far the operation of the act had realized 
the expectations of the government. On the 1st of November, 
Secretary 1791, the secretary of the treasury was directed to report to the h. Journal, 
of treasury House of Representatives, such information as he had obtained P' 446, 
for infor- respecting any difficulties which might have occurred in the exe- 

jnation. 



366 HISTORY OF COXGPwESS. 



Chap. DI. National Revenue— Duties on Spirits. 179X. 



2d congress, cution of the act " repealing, after the last dav of June next, the 

1st Session. ... 

duties heretofore laid upon distilled spirits imported from abroad, 
and laying others in their stead : and also upon spirits distilled 
within the United States, and for appropriating the same." to- 
gether with his opinion thereupon. And, on the following day. 
the secretary was further directed ;i to report whether any, and > 
what, alterations in favour of the spirits which shall be distilled 
from articles of the growth or produce of the United States, or 
from foreign articles within the same, can, in his opinion, be made 
in the act for laying duties upon spirits distilled within the United 
States, consistently with its main design, and with the mainte- 
nance of the public faith." In the meantime, petitions from the H. Journal, 
distillers of Boston, New York, Baltimore, Salem, Kentucky. ^ ' 4SS ^ 
Pennsylvania, Providence, Newport, Frederick county, Virginia, 458. 466V 
&c, were received, praying for modifications of the duties on 
distilled spirits. On the 6th of March, 1792, the :icretary made IT?: 
his report to the house in obedience to the above direction. On 
the 16th, the report was ordered to be committed to a committee H. Journal, 
of the whole house, and on the 13th of April, the subject was 573"^ 
considered in committee, and several resolutions were then re- 
ported, which were, on the *26th, agreed to by the house, as fol- 
lows: — 
Resolu- "1. Resoked — That, from and after the last day of June next, 
house ° * ne P rese °t duties on spirits, distilled within the United States, 
and on stills, shall cease, and that, in lieu thereof, upon all spirits 
which, after the said day. shall be distilled within the Unit 
States, wholly, or in part, from molasses, sugar, or other foreign ma- 
terials, there shall be paid the duties following: that is to say : — 
" For every gallon of those spirits of the first class of proof. 

u For every gallon of those spirits of the second class of proof, 

u For every gallon of those spirits of the third class of proof. 

" For every gallon of those spirits of the fourth class of proof, 

'" For every gallon of those spirits of the fifth class of proof, 

" For every gallon of those spirits of the sixth class of proof, 

"And. upon all spirits which, after the said day, shall be dis- 
tilled within the United States, from materials the growth or 
produce of the United States, in any city, town, or village, at 



HISTORY OF CONGRESS. 367 



Chap. III. National Revenue— Duties on Spirits. 1792. 



2d congress, any distillery of which there shall be one or more stills, which, 

1st Session. J J 



singly, or together, shall be of the capacity of gallons, or 

tionsTof" upwards, there shall be paid the duties following; that is to say: — 
house. " For every gallon of those spirits of the first class of proof, 

" For every gallon of those spirits of the second class of proof, 



" For every gallon of those spirits of the third class of proof, 
" For every gallon of those spirits of the fourth class of proof, 
" For every gallon of those spirits of the fifth class of proof, 



" For every gallon of those spirits of the sixth class of proof, 

9 

" And, upon stills, which, after the said day, shall be employed 
in distilling spirits from materials of the growth or produce of 
the United States, at any other place than a city, town, or vil- 
lage, or at any distillery in a city, town, or village, at which 
there shall be one or more stills, which, singly, or together, shall 

be of less capacity than gallons, there shall be paid the 

yearly duty of cents for every gallon, English wine mea- 
sure, of the capacity or content of each and every such still, in- 
cluding the head thereof. Provided — That it shall be at the ora- 
tion of the proprietor or possessor of any such still, instead of the 
said yearly duty, either to pay cents for every gallon of spi- 
rits by him or her distilled, or to pay at the rate of cents 

per gallon, of the capacity, for each and every month of the 
employment of any such still, the said proprietor or possessor 
previously obtaining a license for that purpose, in which shall be 
specified the term for which he or she shall think fit to work his 
or her still or stills." 

" 2. Resolved — That there be within each county comprehend- 
ed in any district, at least one office of inspection, at which every 
person, having or keeping a still or stills within such county, 
shall, between the last day of May, and the first day of July, in 
each year, make entry of such still or stills ; and at which every 
person, who, being a resident within the county, shall procure a 
still or stills, or who, removing within a country, shall bring 
therein a still or stills, shall, within twenty days after such pro- 
curing or removal, and before he or she shall begin to use such 
still or stills, make entry thereof. And every entry, besides de- 
scribing each still, and the capacity thereof, shall specify the 



368 HISTORY OF CONGRESS. 



CHAP. HI. National Revenue— Duties on Spirits. 1792. 



ai congress, place where, and the person in whose possession it is, and the 

1st Sess ion. r ...... . 

purpose tor which it is intended, as whether for sale or use in 

tions^of 1 distilling '•> and > m case °f removal, shall specify the place from 
house. which every such still shall have been brought. 

" 3. Resolved — That it shall be in the option of every proprie- 
tor or possessor of a still, which is chargeable, according to the 
capacity of a still, either to pay the duty thereupon in money, 

or an equivalent therefor, in distilled spirits, at the rate of 

per gallon: Provided — That such option be declared at the pre- 
vious annual entry of such still, and that it shall be the duty of 
the said proprietor or possessor, to deliver the said spirits at his 
or her own expense, at the office of inspection, where such en- 
try shall have been made. 

" 4. Resolved — That every proprietor and possessor of a still 
shall be jointly and severally liable for the duty thereupon, and 
that every owner of land, upon which any still shall be worked, 
shall be liable for the duty thereupon, unless the same shall be 
worked by a lawful and bona fide tenant of the land of an es- 
tate, not less than for the term of one year, or unless such owner 
can make it appear that the possessor of, or person by whom 
such still shall have been worked, was, during the whole time of 
working the same, a trespasser or intruder on his land. 

"5. Resolved — That every officer of inspection, within whose H. Journal, 
survey any distillery of G-eneva or sweet cordials, subject to the P* 589# 
payment of duty by the gallon, of the spirits distilled therein, 
may be, shall forbear to visit or inspect, for a space not exceed- 
ing two hours in each day, such part of the said distillery as he 
may be required by the proprietor, possessor, or manager, of 
such distillery, to forbear to visit and inspect; for which purpose 
it shall be necessary for the said proprietor, possessor, or mana- 
ger, to give notice, in writing, to the said officer, describing 
therein particularly the part of such distillery which it shall be 
his desire that the said officer may forbear to visit and inspect, 
and specifying the time of each day for which such forbearance 
shall be desired. 

" G. Resolved — That it shall be in the discretion of the secre- 
tary of the treasury to regulate, as well the marks to be set 
upon the casks, vessels, and packages, containing distilled spirits, 
as the forms of the certificates which are to accompany the 
same; and that when any cask or vessel, in which distilled spirits 
have been contained, shall have been emptied of its contents, it 
shall be lawful for the marks thereupon to be effaced by, or in 
the presence of, an officer of inspection : and if the said cask or 



HISTORY OF CONGRESS. 



CffAP. III. National Revenue— Duties on Spirits. 



1792. 



2d congress, vessel shall be afterwards used for putting therein other spirits, 

1st Session. 

the same may be marked anew. 
tions eS °of " " 7 - Resolved— That, if any distilled spirits, in going from one 
House. port to another of the United States, shall be lost by means of 
shipwreck, the duties thereupon shall be remitted or repaid to 
the proprietor thereof. 

" 8. Resolved — That, instead of a notice of twenty-four hours, 
heretofore required to be given, of the intent to export distilled 
spirits, in order to the benefit of the drawback of the duties there- 
upon, a notice of six hours shall be sufficient. 

" 9. Resolved — That there be an abatement for leakage, at the 
rate of iwo per cent, in every case in which the duty shall be 
payable by the gallon, of the spirits distilled, to be allowed at 
the distillery where such spirits shall be made. 

" 10. Resolved — That the officer of inspection, within whose 
survey any still shall be, the duty whereupon is payable according 
to the capacity of the still, shall identify, by progressive num- 
bers, and other proper marks, every such still within his survey, 
and the duty thereupon shall operate as a specific lien upon the 
said still. 

"11. Resolved — That every distiller of, or dealer in spirits, 
who may have in his or her possession distilled spirits not marked 
or certified, pursuant to the act repealing, after the last day of 

June next, &c, shall, prior to the day of — — next, 

report the spirits in his or her possession, in writing, at some 
office of inspection, to the end that such spirits may be marked 

and certified as old stock; and that from and after the said ■ — • 

day of next, casks and vessels, of the capacity of — — — 

gallons, and upwards, containing distilled spirits, which shall be 
found in the possession of any distiller or dealer in spirits, ex- 
cept at a distillery where the same were made, or in going from 
one place to another, without being marked according to law, or 
without having a certificate from some proper officer, shall be 
liable to seizure and forfeiture; and that it shall be the duty of 
the several officers of inspection, upon request of any dealer or 
distiller, to take measures for the marking of casks, vessels, and 
packages, containing distilled spirits, and to furnish such dealer 
and distiller, free from expense, with certificates to accompany 
the same: Provided — That it shall not be incumbent upon any 
such officer to mark or certify any cask, vessel, or package, which 
ought to have been before marked or certified, according to any 
law of the United States. 
Vol. I.— 47 



370 



HISTORY OF CONGRESS. 



Chap. III. 



National Revenue— Duties on Spirits. 



1792. 



lsVseKn 3 ' " l2 ' ■ Resolved — Tnat from and a ^ ter tne last da y of April, in 
the year one thousand seven hundred and ninety-three, no dis- 
tilled spirits shall be brought into the United States from any- 
foreign port or place, except in casks or vessels of the capacity 

of gallons and upwards. 

"13. Resolved — That no drawback of the duty on distilled 
spirits, which shall be exported after the — clay of — — — 



Resolu 
tions of 
House. 



gallons. 
— next, 



next, shall be allowed upon any quantity less than - 

" 14. Resolved— That after the . day of - 

no distilled spirits shall be brought into the United States from 
any foreign port or place, in any cask or vessel which shall have 
been marked pursuant to any law of the United States, concern- 
ing distilled spirits, on pain of forfeiture of the spirits so brought, 
and of the ship or vessel in which they shall be brought. 

** 15. Resolved — That every distiller, at the request of an of- 
ficer of inspection, shall, by himself, or some other person, aid, 
or cause to be aided, the said officer, in measuring and marking 
the still or stills of such distiller, or, in lieu of such aid, shall pay 

to the said officer dollars, for each and every still to him or 

her belonging, which shall be measured by the said officer with- 
out such aid. 

" 16. Resolved — That the President be authorized to make H. Journal, 
such allowances for their respective services, to the supervisors, P* 590 * 
inspectors, and other officers of inspection, as he shall deem rea- 
sonable and proper, so as the said allowances, together with the 
incidental expenses of collecting the duties on spirits distilled 
within the United States, shall not exceed seven and a half per 
centum of the total product of the duties on distilled spirits, for 
the period to which the said allowances shall relate; computing 
from the time that the act repealing, after the last day of June 
next, &c, took effect.' ' 

Committee It was tben ordered that a bill or bills be brought in, pursuant 
to prepare to these resolutions; and Messrs. Fitzsimons, Parker, and Ma- 
con, were instructed to prepare and bring in the same. 
B m On the 27th of April, Mr. Fitzsimons, from this committee, Id. p. 591. 

broughtin. presented a bill concerning the duties on spirits distilled within 
the United States, which then received its first and second read- 
ing, and was committed to a committee of the whole house. On 
the following day, the bill was considered in committee of the 
whole, and several amendments were reported to the House; and, 
on the 30th, these amendments were taken up for consideration. 
On the question to agree to the amendment of the committee, 



HISTORY OF CONGRESS. 371 

CHAP. HI. National Revenue -Duties on Spirits. 1792. 



m congress, filling up the blank for the amount of duty: " on every gallon of h. Journal, 

*^ spirits, of the first class of proof, distilled within the United States, P-592,593. 

ments of from materials of the growth or produce of the United States," 

the com- w j t ^ u e ight cents," the decision was as follows:-^ 

mittee of 

the whole. Jlyes— Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 

B. Bourne, Clarke, Fitzsimons, Gerry, Gilman, Goodhue, Gor- 
don, Hillhouse, Kitchell, Lawrance, Learned, Lee, Jere. Smith, 
W. Smith, Sterrett, Sturges, Silvester, Thatcher, Tredwell, 
Wadsworth, Ward.— 26. 

Noes — Messrs. Ashe, Baldwin, Brown, Findley, Gregg, 
Grove, Heister, Huger, Jacobs, Key, Livermore, Macon, Ma- 
dison, Moore, Murray, Niles, Page, Parker, Seney, Sheridan, 
I. Smith, Steele, Sumpter, Tucker, White, Williamson, Wil- 
lis.— 27. 

Bill passed It was then determined to fill the blank with "seven" cents, id. p. 594. 

by House. And, on the first of May, the bill having been further amended, 
was ordered to be engrossed for a third reading. The blanks 
having been all filled, on the following day, the bill was read a 
third time and passed. 
Amended In the Senate, the bill was read a first and second time, on the s. Journal, 

^Senate* 2d of Ma ^ and was referred to Messrs. Hawkins, Cabot, and P-43& 438 - 
Ellsworth. On the 4th, Mr. Hawkins reported some amend- 
ments, which w 7 ere adopted by the Senate, and the bill, as 
amended, was then read a third time and passed. 

The amendments of the Senate received, on the 5th, the con- H. Journal, 
currence of the House. p * 598# 

Eliphalet The petition of Eliphalet Ledd, praying for the remission of Id. p. 578. 

Ledd's pe- t he duties on a small quantity of goods saved from a wreck on 
the coast of Massachusetts, was presented to* the House of Re- 
presentatives on the 16th of April, 1792, and referred to the se- 
cretary of the treasury; and on his report being received on the 
20th, Messrs. Fitzsimons, Gerry, and Murray, were appointed 
Bill to re- to bring in a bill making a general provision for the case of the id. p. 583. 

mit duties petitioner, and others, in similar circumstances. Accordingly, id. p. 586. 

saved from on the 24th of April, Mr. Fitzsimons presented a bill to autho- 

wrecks. r j ze ^ rcm j ss i on f certain duties, w T hich was then read a first 

and second time, and committed; and, on the 1st of May, the id. p. 593. 

bill was considered, read a third time, and passed. In the Se- s. Journal, 

nate, the bill received its first and second reading on the same p * 435, 

day, and was referred to Messrs. Cabot, King, and Burr; and, 

Rejected on the 3d, Mr. Cabot, from this committee, made an unfavoura- id. p. 437. 
by Senate. ble report ^ and the bm wag re j ected> 



372 HISTORY OF CONGRESS. 



Chap. HI. National Revenue— Imposts. 1793. 



2d congress. A few days before the close of the second session of the se- H. Journal, 
— — — con <\ Congress, on the 27th of February, 1793, the House of P* 720 - 
cemiWu- Representatives appointed Messrs. Fitzsimons, Thatcher, and 
ties on Tucker, a committee to prepare and bring in a bill making fur- 
wines' and ^ ier provisioo for securing and collecting the duties on foreign 
teas. and domestic distilled spirits, stills, wines, and teas. And, on id. p. 722, 

the 28th, Mr. Fitzsimons, from this committee, presented a bill 
of that title and import, which was then read a first and second 
time, and committed to a committee of the whole house. On 
the evening of the 2d of March, just before the adjournment of 
Congress, the house resolved itself into committee ef the whole 
on this bill, and reported that some progress had been made 
therein. The committee was then discharged from its further Id. p. 734. 
consideration, and thus the bill was lost. 



1st congress. A considerable modification of the imposts was effected during 1790. 

2d Session. r ° 

the first Congress, by a bill, of which the following is a history. 
On the 3d of March, 1790, the House of Representatives adopt- 
ed the following resolution: — 

" Resolved — That the secretary of the treasury be instructed H. Journal, 
to report to this house such funds as, in his opinion, may be p * ' 
raised and applied towards the payment of the interest of the 
debts of the individual states, should they be assumed by Con- 
gress." 

On the 14th, the speaker laid before the house a letter from 
the secretary of the treasury, covering his reports, made in pur- 
suance of the above resolution. And on the 21st of June, 1790, id. p. 246. 
the House of Representatives appointed a committee, consist- 
ing of Messrs. Fitzsimons, Madison, Sedgwick, Sherman, and 
Paymentof Tucker, to report a plan, making provision for the payment of 

interest on j n t er est on the debts of the United States. And, on the 29th, 

U States 

debts. Mr. Fitzsimons, from this committee, made a report, which was Id. p. 253. 

Committee ordered to be committed to a committee of the whole house. 

report The report was made the subject of consideration by this com- ld.p.254 — 
mittee, during the two next succeeding days; and several reso- 
lutions were reported, which were considered by the house on 
the 2d of July, when the following resolutions were adopted: — 

Resolu- "Resolved — That an addition of thirty-three and one-third 
tions of cents b e ma de to every one hundred cents of the duties now 

house. 



HISTORY OF CONGRESS. 373 

CHAP. III. National Revenue— Imposts. 1790. 

istcongress. payable upon goods, wares, and merchandises, imported into the 
: — '-" United States. 

tion-Tof " " That > in adclition to tn e foregoing, there be levied and col- 
House, lected upon the following articles, 

CENTS. 

"Distilled spirits, per gal., ------ If 

" Madeira wine, - - - - . - - - 8 

" Other wines, - - . 5 

"Molasses, --.----■-. j. 

" Bohea tea, per lb., -------2 

"Souchong, and other black teas, - . - - - 4| 

"Hyson tea, - - - - - - - - 5£ 

" Other green teas, ------- 4| 

"Coffee, I 

" Brown sugar, -------- J. 

"Loaf sugar, per lb., -------l 

" All other sugars, ------- x 

"Pepper, ---------5 

"Pimento, .-------3 

" Nutmegs, - - - - - - - -25 

"Mace, - ---25 

" Cinnamon, --------20 

"Cloves, 12| 

"Cassia, - 10 

"Resolved — That, after the day of , the discount of 

ten per cent, of the duties on goods, wares, and merchandise, im- 
ported in ships or vessels, the property of a citizen or citizens of 
the United States, be discontinued, and that an addition of tender 
cent, be made to the duties on goods, wares, or merchandise, im- 
ported in any other ship or vessel. " 

Committee Messrs. Fitzsimons, Tucker, and Sherman were then appointed h. Journal, 

to prepare a committee to bring in a bill, or bills, pursuant to these resolutions, p- 269. 
On the 13th, Mr. Fitzsimons, from this committee, presented a 
bill " making further provision for the payment of the debts of 
the United States," which was then read a first time ; and re- 
ceived its second reading, and was committed, in the usual form, 

Bill passed on the following day. On the 15th, the bill was considered in id. p. 271. 

by House. com mittee, and reported without amendment, and being amend- 
ed in the house, on the next day, was ordered to be engrossed for 
a third reading. The blanks having been filled up, on the 19th, id. p. 272, 
and the bill having been read the third time, the question on its 273, 
passage was put, and decided in the affirmative, as follows : — 

Ayes — Messrs. Ashe, Baldwin, Blood worth, Brown, Burke, Cad- 



374 HISTORY OF CONGRESS. 



CHAP. HI. National Revenue — Imposts RH 



let congress, walader. Carroll, Clvmer, Coles, Cod tee. Fitzsimons. Fiord. Gil- 
— man, Hartley, Heister, Huntington, Jackson, Lawrance, Liver- 
more, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, 
Tan Rensselaer, Scott, Seney, Sevier, Sherman, Silvester, Sin- 
nickson, Steele, Sturges, Sumpter, Tucker, Yin:: :.- 
liamson, Wynkoop. — 40. 

Noes — Messrs. Ames, Benson, Foster, Gale, Gerry, Goodhue, 
Grout, ^Leonard, Partridge. Sedgwick, Smith, of Maryland. Smith, 
of South Carolina, Thatcher, Trumbull, Wadsworth. — 15. 

Read twice On the 20th, this bill was read a first time in the Senate, and s. Journal 
and^com- on tne Dext ^ a ^ ** was ta -^ en D P on ^he question of its second P- 186 » 1K 
nutted. reading, and committed to Messrs. Lee, Izard, Morris, Ellsworth, 

and Few. Mr. Lee, from this committee, reported on the 2d of 
Amended. August sundry amendments to this bill, so as to make it read as 

follows : — 

Bill as u Whereas, by an act, entitled ' An act for laying a duty on ld.pJM- 

amended. g OD( 3 5? ware5 , anc i merchandises, imported into the United State 5 
divers duties were laid on goods, wares, and merchandise, so im- 
ported, for the discharge of the debts of the United States, and 
the encouragement and protection of manufactures: and where- 
as the support of government, and the discharge of the said debts, 
render it necessary to increase the said duties : — 

"Sect. 1. Be it enacted by the Senate and House of Representa- 
tives of the United Slates of America, in Congress assembled — That, 
from and after the last day of December next, the duties speci- 
fied and laid in and by the act aforesaid, shall cease and deter- 
mine; and that, upon all goods, wares, and merchandise (Dot 
herein particularly excepted) which, after the said day, shall be 
brought into the United States, from any foreign port or place, 
there shall be levied, collected, and paid, the several and respec- 
tive duties following; that is to say: — 

crjrcs. 

"Madeira wine, of the quality of London particular, per 
gallon, - 

"Other Madeira wine, per gallon, .... 50 

44 Sherry wine, per gallon, ..... 

"Other wines, per gallon, -;; 

"Distilled Spirits. 
" If more than ten per cent, below proof, according to 

Dicas's hydrometer, per gallon, - - - 151 

" If under five, and not more than tender cent, below 

proof, according to the same hydrometer, per gallon, 



Chap. III. 



1st Congress. 
2d Session. 

Bill as 
amended; 



HISTORY OF CONGRESS. 

National Revenue— Imposts. 

CENTS. 

"If of proof, and not more than five per cent, below proof, 

according to the same hydrometer, per gallon, - 13 
"If above proof, but not exceeding twenty per cent., 

according to the same hydrometer, per gallon, - 15 
" If of more than twenty, and not more than forty per cent 

above proof, according to the same hydrometer, per gal., 20 
"If of more than forty per cent, above proof, according to 

the same hydrometer, per gallon, 25 

" Molasses, per gallon, ------ 3 

" Beer, ale, and porter, in casks, per gallon, 5 

!* Beer, ale, and porter, in bottles, per dozen, 20 

" Teas from China and India, in ships or vessels of the United 

States. 

" Bohea, per lb., 10 

" Souchong and other black teas, per lb., - - - 18 

"Hyson, per lb., 32 

"Other green teas, per lb., - - - 20 

" Teas from Europe, in ships or vessels of the United States. 
"Bohea, per lb., - - 12 

" Souchong and other black teas, per lb., 21 

" Hyson, per lb., ------- 40 

" Other green teas, per lb., - - - - - - 24 

" Teas from any other place, or in any other ships or vessels* 

" Bohea, per lb., ------- 15 

" Souchong and other black teas, per lb., - 27 

" Hyson, per lb., 50 

"Other green teas, per lb., 30 

"Coffee, per lb., 4 

"Cocoa, per lb., - - - - - - - 1 

"Loaf sugar, per lb., -------5 

"Brown sugar, per lb., ------ 1£ 

"Other sugar, per lb., ------ 2± 

" Candles of tallow, per lb., - - - - - 2 

" Candles of wax or spermaceti, per lb., - - - 6 
" Cheese, per lb., ------_ 4 

" Soap, per lb. , -- 2 

"Pepper, per lb., - - - - -* - 4 

" Pimento, per lb., -------4 

"Manufactured tobacco, per lb., ----- 6 

"Snuff, per lb., - 10 

"Indigo, per lb., - 25 

" Cotton, per lb., 3 

"Nails and spikes, per lb., - - - - - - 1 

" Bar and other lead, per lb., 1 



375 

1790. 



376 
chap.iii. 



HISTORY OF CONGRESS. 



National Revenue — Imposts. 



1791. 



" Steel, unwrought, per 112 lbs., - 

" Hemp, per 112 lbs., ------ 

"Cables, per 112 lbs., 

" Tarred cordage, per 112 lbs., - 

" Untarred cordage and yarn, per 112 lbs., - 

" Twine and pack-thread, per 112 lbs., - - - 

" Salt, per bushel, ------- 

"Malt, per bushel, ------- 

" Coal, per bushel, ------- 

" Boots, per pair, ------- 

M Shoes, slippers, and golo-shoes, made of leather, per pair, 

M Shoes and slippers, made of silk or stuff, per pair, 

" Wool and cotton cards, per dozen, - - - - 

" Playing cards, per pack, ------ 

" Coaches, chariots, phaetons, chaises, chairs, solos, or 
other carriages, or parts of carriages, 15\ per centum 
ad valorem. 
"All goods, wares, and merchandise (except teas) from 
China or India, in ships or vessels not of the United 

States, 

" All China ware, ------- 

" Looking glasses, window and other glass, and all ma- 
nufactures of glass, (black quart bottles excepted,) 
" Marble, slate, and other stones, bricks, tiles, tables, 
mortars, and other utensils of marble or slate, and 
generally all stone and earthenware, - - - 
"Blank books, ------- 

" Writing-paper, and wrapping-paper, paper hangings, 

paste-boards, parchment, and vellum, 
" Pictures and prints, ------ 

" Painters' colours, including lamp-black, except those 

commonly used in dyeing, - 

" Gold, silver, and plated ware, - 
" Gold and silver lace, ------ 

" Jewellery and paste work, - 

" Clocks and watches, ------ 

" Shoe and knee-buckles, - 

" Groceries, (except the articles before enumerated;) 
namely: cinnamon, cloves, mace, nutmegs, ginger, 
anniseed, currants, dates, figs, plums, prunes, rai- 
sins, sugar candy, oranges, lemons, limes, and 
generally all fruits and comfits, olives, capers, and 
pickles of every sort, - 
"Oil, - ----... 

" Gunpowder, ------- 

" Mustard in flour, 



CE3TTS. 

75 

60 
150 
150 
180 
400 

12 

10 
3 

50 
7 

10 

50 

10 



S. Journal, 
5 p. 197. 



«2 13 

1 § 



o 

3 



►I 



HISTORY OF CONGRESS. 



377 



Chap. III. 



National Revenue— Imposts. 



1790. 



1st Congress. 
2d Session. 



Bill as 
amended. 



1 



" Cabinet wares, 

"Buttons, 

"Saddles, 

"Gloves of leather, _.---. 

"Hats of beaver, felt, wool, or a mixture of any of them, 

"Millinery, ready made, - 

"Castings of iron, and slit and rolled iron, 

"Leather, tanned or tawed, and all manufactures of which 
leather is the article of chief value, except such as are 
herein otherwise rated, - 

" Canes, walking sticks, and whips, - 

" Clothing, ready made, - 

"Brushes, - 

"Anchors, - - 

" All wares of tin,, pewter, or copper, all or any of them, 

" Medicinal drugs, except those commonly used in dye- 
ing carpets and carpeting, - 

" All velvets, velverets, satins, and other wrought silks, )> 

cambrics, muslins, muslinets, lawns, laces, gauzes, { | I- 
chintzes, and coloured calicoes, and nankeens, - § 

"All other goods, wares, and merchandise, except bullion, tin. 
in pigs, tin in plates, old pewter, brass, tutenague, iron and brass 
wire, copper in plates, saltpetre, plaster of Paris, wool, dyeing, 
woods and dyeing drugs, raw hides and skins, furs of every kind, 
the sea stores of ships or vessels, the clothes, books, household 
furniture, and the tools or implements of the trade or profession 
of persons who come to reside in the United States, philosophi- 
cal apparatus, specially imported for any seminary of learning, 
all goods intended to be re-exported to a foreign port or place 
in the same ship or vessel in which they shall be imported, and, 
generally, all articles of the growth, produce, or manufacture of 
the United States, five per centum ad valorem. 

" Sect. 2. Jind be it further enacted — That an addition of 
ten per centum shall be made to the several rates of duties above 
specified and imposed, in respect to all goods, wares, and mer- 
chandise, which, after the said last day of December next, shall 
be imported in ships or vessels not of the United States, except 
in the cases in which an additional duty is herein before spe- 
cially laid on any goods, wares, or merchandise, which shall be 
imported in such ships or vessels. 

" Sect. 3. Jind be it further enacted — That all duties which 

shall be paid, or secured to be paid, by virtue of this act, shall 

be returned or discharged, in respect to all such goods, wares, or 

merchandise, whereupon they shall have been so paid, or secured 

Vol. L— 48 



M :-£1'^t:".t ;j : ::■■ :-7.z~ 



MCB&c. ----.-■ . ........ ^ _— . - . ?.. . _ -. ■ 



ii-.-r -:-= 5.1. J :u: 
r.'::n :: 1-7 :';:•; 

i:::;f :; :: ±= :': 



£1:7 :• £ :-;-■ 



It to then 
lie 



HISTORY OF CONGRESS. 379 



CHIP. HI. National Revenue— Imposts. 1790. 



1st congress, cordage, of 120, instead 150 cents; but this motion was also de- 
Sd Session. 1.1 

" termmed m the negative. 

j£end? St0 The like success attended another motion to amend the re- 
port, so as that the duty on every bushel of imported salt should 
be 8 cents, instead of 12 cents; and, also, a subsequent motion 
to amend the report, so as that the drawback on every quintal 
of dried fish shpjikt be 10, instead of 9 cents; and on every bar- 
rel of pickksfush, and other salted provisions, should be. 10 cents 
instead xsf 9 cents. 

The report of the committee was then adopted as an amend- s. Journal, 
ment to the bill, and it was ordered, as amended, to pass to the P« 198 » 199 » 
third reading. 

On the 5th, the Senate proceeded to the third reading of this 
bill. It was then moved to reduce the duty on every 112 lbs. of 
imported hemp, from 60 to 50 cents; which motion was decided 
in the negative. A motion was then made to reconsider this 
question, which was agreed to ; and a motion to reduce the duty 
to 54 cents on every 112 lbs. of hemp was successful. It was 
then agreed to amend the bill, so that the duty on every 112 lbs. 
of imported cables and tarred cordage should be 100 cents, in- 
stead of 150 cents; on untarred cordage and yarn, 150 cents for 
every 112 lbs., instead of 180 cents ; and on every 112 lbs. of 
twine and pack-thread, 300, instead of 400 cents. 

It was then moved and agreed to, that the following clause, to 
v wit : " All goods, wares, and merchandise, (except teas,) from 
China or India, in ships or vessels not of the United States," 
should be amended and transposed, so as to succeed the word 
" nankeens," the last of the enumerated articles, as follows : — 
" all goods, wares, and merchandise, imported directly from Chi- 
na or India, in ships or vessels not of the United States, (teas ex- 
cepted,) 12^ per centum ad valorem." 

An amendment was also adopted in the following clause, and 
on " all wares of tin, pewter, or copper, all or any of them ; 
medicinal drugs, (except those commonly used in dyeing,) carpets, 
and carpeting, all velvets, velverets, satins, and other wrought 
silks, cambrics, muslins, muslinets, lawns, laces, gauzes, chintzes, 
and coloured calicoes, and nankeens," the duty was changed 
from 5 J to 1\ per centum ad valorem. 

A motion to amend the last clause of the first section, by in- 
serting the word " undressed," between the words " skins," and 
" furs," was agreed to. 

In the fifth section of the amendments, it was then agreed to 
insert, between the words " quantity," and " less," the words 
" greater or." 



380 



HISTORY OF CONGRESS. 



CHAP. m. 



1st Congress. 
2d Session. 



Bill passed. 

House con- 
sider a- 
mend- 
ments. 



National Revenue — Imposts 



1790. 



Senate 
concur. 



The motion to amend the report, by making the drawback on 
every quintal of dried fish, exported, 10 cents, instead of 9 
cents, and on every barrel of pickled fish and salted provisions, 
10 cents, instead of 9 cents, was renewed, and was agreed to. 

It was then resolved that the bill do pass in its amended form. 

The House of Representatives proceeded, on the Mh, to con- H. Journal, 
sider the amendments of the Senate, and resumed their conside- p " 
ration on the following day. It was then resolved that the House 
agree to all the amendments, with amendmends to the second 
amendment, as follows : — 

u Page 2d, line 2\st. Strike out ' under,' and insert ' more than.' 

" Page 4, line 27. Strike out ' all goods, wares, merchandise, 
(except teas,) from China or India, in ships or vessels not of the 
United States.' 

" Page 6, line 32. Insert, as an additional clause, ' all coaches, 
chariots, phaetons, chaises, chairs, solos, or other carriages, or 
parts of carriages, fifteen and a half per Centura ad valorem.' 

"Same page and line, prefix to the last clause 'and five per 
centum ad valorem upon,' and strike out the words * five per cen- 
tum ad valorem, 1 at the end of the same." 

It was then moved to amend the report by striking out the 
words " twelve cents," for the duty on salt ; which motion was 
decided in the negative, as follows: — 

Ayes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Id. p. 292. 
Coles, Foster, Goodhue, Grout, Hathorn, Huger, Jackson, Leo- 
nard, Madison, jr., Mathews, Moore, Muhlenberg, Partridge, 
Scott, Seney, Sevier, Smith, of South Carolina, Steele, Sumpter, 
Thatcher, Tucker, White, "Williamson— 28. 

Noes — Messrs. Ames, Benson, Boudinot, Cadwalader, Carroll. 
Clymer, Fitzsimons, Floyd, Gale, Gerry, Griffin, Hartley, Hun- 
tington, Lawrance, Lee, Livermore, Page, Parker, Van Re nroc 
laer, Schureman, Sherman, Silvester. Sinnickson, Smith, of Ma- 
ryland, Stone, Sturges, Trumbull, Vining, Wadsworth, Wyn- 
koop. — 30. 

The Senate, on the 7th, concurred in the amendments of the S. Journal, 
House. P- 203 ' 



3d session. On the 14th of February, 1791, the house appointed Messrs. 1791. 



Bill to ex- Madison, Wadsworth, and Leonard, to be a committee to pre- h. journal, 

plain and a- p are an d bring in a bill to explain so much of the act, entitled P- 
mend act * ? . . \ 

"An act making further provision for the payment of the debts 

of the United States," as imposes a duty on imported lead, and 



making- 
further 
provision 



HISTORY OF CONGRESS. 381 



Chap. III. National Revenue— Imposts. 1791. 



istcongress. on calicoes. And, on the 21st, Mr. Madison, from this com- H. Journal. 

3d Session. . . oor 

" mittee, presented a bill to explain and amend the act, entitled P # ° * 

ment P of" " ^ n ac * ma ^ im g further provision for the payment of the debts 
debts of of the United States," which was then read the first and second 

time, and ordered to be engrossed; and, on the next day, was 
Passed, read the third time and passed. On the 22d, 23d, and 24th, the S. Journal, 

bill passed through its various stages in the Senate. § 80 



2d congress. On the 8th of March, 1792, the House of Representatives di- 1792. 

1st Session. 



rected the secretary of the treasury to repoet his opinion of the h. Journal, 
best mode for raising the additional supplies, requisite for the P- 53 °* 
ensuing year; the question, after discussion, which occupied the 
day, as well as part of the preceding day, being determined in 
the affirmative, by the following vote: — 

Jiyes — Messrs. Ames, Barnwell, Benson, S. Bourne, B. id. p. 531. 
Bourne, Gerry, Gilman, Goodhue, Gordon, Hillhouse, Huger, 
Jacobs, Kitchell, Lawrance, Learned, Livermore, Murray, 
Schoonmaker, Sedgwick, Seney, W. Smith, Steele, Sterrett, 
Sturges, Silvester, Thatcher, Tucker, Vining, Wadsworth, Ward, 
Wayne. — 31. 

Noes — Messrs. Ashe, Baldwin, Brown, Clarke, Findley, Fitz- 
simons, Giles, Gregg, Griffin, Grove, Heister, Key, Kittera, Lee, 
Macon, Madison, Mercer, Moore, Muhlenberg, Niles, Page, 
Parker, Tredwell, Venable, White, Williamson, Willis. — 27. 

The secretary made a report, in reply to this order, on the Id. p. 53a. 
17th, and it was committed to a committee of the whole house. 
The report was considered in committee of the whole on the 5th, id. p. 563. 
6th, and 7th of April, when the following resolutions were re- ! 
ported and agreed to by the House: — 

" Resolved — That the existing duties on the articles hereafter 
enumerated, be repealed, and that, instead thereof, the following 
duties be imposed; to wit: 

{t On Wines. 



CENTS. 



Details of " Madeira, of the quality of London particular, per gallon, 56 

duties. "Ditto, London market, ditto, 49 

" Other Madeira wine, per gallon, - - - 40 

" Sherry, per gallon, 33 

" St. Lucar, per gallon, 30 

"Lisbon, per gallon, 25 

" Oporto, per gallon, 25 

'< Teneriffe, and Fayal, per gallon, 20 



HISTORY OF CONGRESS. 



chap.iii. 



National Revenue— Imposts. 



1792. 



2d congress. " All other wines, forty per centum ad valorem, provided 

1st Session. _ __ . ■ « • ■ ■ 

the same shall not, in any case, exceed thirty-three cents per 

Details of ii rt „ 
duties. S allon * 

" Spirits, 

" Those distilled wholly, or chiefly, from grain. 

" Of the first class of proof, and under, per gallon, - 

" Of the second class of proof, per gallon, 

" Of the third ditto, ditto, 

" Of the fourth ditto, ditto, 

" Of the fifth ditto, ditto, 

" Of the sixth, ditto, ditto, 

" Other Distilled Spirits. 
" Of the second class of proof, and under, per gallon 



"Of the third 
" Of the fourth, 
" Of the fifth, 
" Of the sixth, 



ditto, 
ditto, 
ditto, 
ditto, 



ditto, 
ditto, 
ditto, 
ditto, 



" Beer, ale, and porter, per gallon, - 

" Steel, per cwt., - 

" Nails, per lb., - 

" Cocoa, per lb., - 

" Chocolate, per lb., - 

"Playing cards, per pack, - 

** Shoes and slippers, of silk, per pair, 

" Shoes and slippers, of stained or coloured leather, (other 

than black,) for men and women, per pair, 
" Shoes and slippers, for children, per pair, - 
" All other shoes, (for men and women,) clogs and golo 

shoes, per pair, - 
" All other shoes and slippers, for children, per pair, 
" On salts, called Glauber salts, and on sal ammoniac, for 

every 112 lbs., - 

" Articles ad valorem. 

"China wares, - 

"Looking-glasses, window, and other glass, and all ma- 
nufactures of glass, (black quart bottles excepted,) 

" Muskets, pistols, swords, cutlases, hangers, and other 
fire and side-arms, - 

"Starch, 

" Hair powder, - 

" Wafers, - 

"Glue, ------ 

" Woollen laces, fringes, and paper hangings, 



CENTS. 

28 
29 
31 
34 
40 
50 



25 

28 

32 

38 

46 

8 

100 

2 

3 

3 

25 

20 



10 

7 

10 

7 

200 



3 



> : 



a. 



HISTORY OF CONGRESS. 



J83 



Chap. III. 



2d Congress. 
1st Session. 

Details of 
duties. 



National Revenue— Imposts— Defence of Frontier. 



1792. 



" Cast, slit, and rolled iron, and, generally, all manufac- * 
tures of iron, steel, tin, pewter, copper, brass, or of 
which either of these metals is the article of chief 
value, (not being otherwise particularly enumerated,) 
other than brass and iron wire, 

M Cabinet wares, -.-'-- 

" Leather tanned and tawed, and all manufactures of lea- 
ther, or of which leather is the article of chief value, 
not being otherwise particularly enumerated,) 

"Medicinal drugs, except those commonly used in dyeing, 

"Hats, caps, and bonnets, of every sort, 

" Gloves and mittens, - 

u Stockings, - 

" Millinery, ready made, 

"Artificial flowers, feathers, and other ornaments for wo- 
men's head dresses, - 

"Fans, 

" Dolls, dressed and undressed, - 

"Toys, - - 

" Buttons of every kind, - 

" Carpets and carpeting - 

" Sail cloth - - 

" Sheathing, and cartridge paper, 

" All powders, pastes, balls, balsams, ointments, oils, 
waters, washes, tinctures, essences, liquors, or other 
preparation or composition, commonly called sweet 
scents, odours, perfumes, or cosmetics, 

" All dentifrice, powders, tinctures, preparations or com- 
positions whatsoever, for the teeth and gums, 

"Printed books, (except those specially imported for a 
college, academy, or other public or incorporated se- 
minary of learning or instruction, which shall be 
wholly exempted from duty,) 



H. Journal, 
p. 568. 



o 

3 



& 



« Resolved— That the foregoing duties be appropriated, in the Id. p. 569, 
first place, to the payment of the interest of the public debt; in 
the second, to such other grants and appropriations as have been 
heretofore made, and as shall be made during the present session; 
and, in the third, to the purposes of the ' Act for making further 
and more effectual provision for the protection of the frontiers 
of the United States.' 

" Resolved — That an addition of two and a half per centum 
ad valorem, be made to the duty on all goods heretofore rated 
at five per centum ad valorem. 

" Resolved— -That in the future collection of duty on salt, a 
bushel of salt be estimated as weighing fifty-six pounds. 



384 HISTORY OF CONGRESS. 



Chap. III. National Revenue— Defence of Frontier. 1792. 



2d Congress. « Resolved — That the additional duty of two and a half per 

1st Se ssion. _ . 

centum on goods heretolore charged with a duty of five per cen- 
tum ad valorem, be appropriated to the purposes of the ' Act 
making further and more effectual provision for the protection 
of the frontiers of the United States/ And the said additional 
duty shall continue for two years, and no longer. 

" Resolved — That the before recited duties shall commence 

and take effect on the day of . 

" Resolved — That all wines imported after the day of 

-, be marked at the time of importation; and that certifi- 



cates accompany the same, in like manner, as is provided by the 
act repealing, after the first day of June next, the duties hereto- 
fore laid upon distilled spirits imported from abroad. 

" Resolved — That the term of the payment of duties (where 
the sum shall exceed fifty dollars,) on salt, and West India pro- 
duce, be extended to ; and that, from and after the 

day of next, the duties on all other goods, wares, or mer- 
chandise, other than wines or teas, be payable, the one half in 
six, the other in twelve months, from the time of importation. 

" Resolved — That the President of the United States be autho- 
rized to borrow a sum not exceeding five hundred and twenty- 
three thousand five hundred dollars, for the purpose of defray- 
ing the expenses which may be incurred in pursuance of an act, 
entitled ' An act making further and more effectual provision for 
the protection of the frontiers of the United States; and that the 
funds herein appropriated to the said purposes, be applied to the 
discharge of such loan: Provided — That the rate of interest shall 

not exceed per cent, per annum, and that the principal be 

payable at the pleasure of the United States.' 

" Resolved — That the allowance on the importation of pickled 
fish and salted provisions, and also to vessels employed in the cod 
fishery, be made conformably to the increased duty on salt." 

Bill for It was then ordered that Messrs. Fitzsimons, Sedgwick, and h. Journal,, 
raising a L ee? prepare and bring in the necessary bill to carry these reso- P* 575 ' 
sum of lutions into effect. On the 11th of April, Mr. Fitzsimons, from 
money for tn j s committee, presented a bill for raising a further sum of mo- 
tion of the ney for the protection of the frontiers, which was then read the 
frontiers. £ rs j- anc j seC0 nd time, and committed to a committee of the whole 

house. The bill was considered in committee of the whole on ld.p.580 

582 

the 17th and 18th, when several amendments were reported. 
And on the 19th, the house proceeded to consider these amend- 
ments. It was then moved to amend the bill by adding to the 
end, the following clause : — 



HISTORY OF CONGRESS. 385 



Chap. III. National Revenue— Defence of Frontier. 1792. 



2d congress. « j\ n d be it further enacted — That this act shall continue until 

1st Session. J 

the day of , and until the next session of Congress, 

which shall happen thereafter, and no longer; and that, from and 
after the expiration of the same, the duties hereby extinguished 
and repealed, shall be revived, collected, and appropriated, in 
the same manner they would have been, had this act never been 
passed." 

The question being taken on this motion, the result was as fol- 
lows: — 

Ayes — Messrs. Ashe, Baldwin, Brown, Findley, Giles, Gregg, 
Griffin, Grove, Heister, Jacobs, Lee, Macon, Madison, Mercer, 
Moore, Niles, Page, Parker, Schoonmaker, Seney, Sheridan, Jere. 
Smith, I. Smith, Steele, Sturges, Sumpter, Tredwell, Tucker, 
Venable, White, Williamson, Willis. — 32. 

Noes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Clarke, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, 
Gordon, Hartley, Hillhouse, Huger, Key, Kitchell, Kittera, Law- 
rance, Learned, Livermore, Muhlenberg, Murray, Wm. Smith, 
Sterrett, Silvester, Thatcher, Vining, Wadsworth, Ward. — 31. 

The speaker (Trumbull) then declared himself to be in the 
negative ; and this equalizing the votes, the motion was lost. 

The bill was further amended, and amended on the 20th, and h. Journal, 
was ordered to be engrossed for the third reading, and, on the day P- 583 > 584 » 
following, the blanks having been filled, it was read the third 
Passed by time, and passed, the final vote being as follows : — 

Ayes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Brown, Clarke, Findley, Fitzsimons, Gerry, Gilman, 
Goodhue, Gordon, Hartley, Hillhouse, Huger, Key, Kitchell, Kit- 
tera, Lawrance, Learned, Livermore, Moore, Muhlenberg, Mur- 
ray, Niles, Wm. Smith, Steele, Sterrett, Sturges, Silvester, 
Thatcher, Vining, Wadsworth, Ward, White. — 37. 

Noes— Messrs. Ashe, Baldwin, Giles, Grove, Macon, Madison, 
Mercer, Page, Parker, Schoonmaker, Seney, Sheridan, Jere. 
Smith, I. Smith, Sumpter, Tredwell, Tucker, Venable, Willian> 
son, Willis.— 20. 

The bill was then passed, the title being "An act for raising a 
further sum of money for the protection of the frontiers, and for 
other purposes therein mentioned. " 

In the Senate, this bill received the first and second reading on s. Journal, 
the 23d, and on the 25th, was ordered to the third reading. On p-430,431. 
the following day, Mr. Burr presented a memorial from a num- 
ber of New York merchants against any increase of duties, and 
Vol. I.— 49 



M B' UHH OF COXGKESS. 



C*Ji ■ ?-L.:r: I .-.-■ ,1 :~— I-:",: :- : :' 7- ; : .: .-:; 



MOiiipiiin the third reading of the bill was thai resumed. It was then 

rc'C'TcQ to amend tne Qxst section as 4ollow=: — 

"That, from and after the last dav of June next, the dutir ; 
now in force upon the articles hereinafter enumerated and de- p ' 
~:r.:t: :-.: :itir i.T.p:r :?.::::. :l:: ::r L~:.::~i Stare-. « :.?.".. :■=-. = ^ . 
until the last day of June, one thousand seven hundred and nine- 
ty-four, and in lieu thereof; there shaU be thenceforth, for the 
space of two years from the said last day of Jane next, laid, le- 
vied, and collected, upon the said articles, at their said importa- 
tion, the several and respective rates or duties following." 



The motion was decided in the negative ; as also was a motion 
to amend the first section, so as to Emit the duration of the afore- 
to five years, instead of two, as proposed in the above 



It was then moved and agreed to, to insert an 

line fourth of the sixth section, so as that the clause stand thus: — 

And that, in addition thereto, there shall be allowed and paid 
upon provisions salted within the United States, (except upon 
dried fish.) upon the exportation thereof to any foreign port or 
place, as follows; to wit: on pickled fish, at the rate of eight 
cents per barrel, and other provisions at the rate of five cents 
per barrel. " 

It was also agreed to expunge these words from the last line 
of an amendment adopted in the second reading of the bill, as 
part of the eighteenth section ; to wit : ■ under the laws of any 
slate, or of the United State 

It was then moved and agreed to, to adopt the following pro- 
vision, agreed to m the second reading of the o^ 
■xii 1 1 ; namely i — 

"Amd be tifwrtker enacted amd declared— That if the principal 
in any bond, which shall have been given to the United States 
i goods, wares, and merchandise imported, and on the 
<f awj» at «&, or either of them, shaU bemsorvent,or 
if such principal being dead, his or her estate and effects, which 
shall have come to the hands of his or ber executors or adminis- 
trators, shall be insufficient for the payment of his or her debts, 
and if in either of the said eases any surety in the said bond, or 
the executors and administrators of such surety, shall pay to the 
United States the moneys thereupon due, such surety, his or her 
or aduunistiators, shall have and enjoy the like ad- 



HISTORY OF CONGRESS. 387 



CHAP. III. National Revenue— Defence of Frontier— Imposts. 1792. 



2d congress vantage, priority, and preference, for the recovery and receipt of 
the said moneys out of the estate and effects of such insolvent or 
deceased principal, as are reserved and secured to the United 
States by the forty-fourth section of the act, entitled * An act to 
provide more effectually for the collection of duties imposed by 
law on goods, wares, and merchandise, imported into the United 
States, and on the tonnage of ships or vessels,' and shall and may 
bring and maintain a suit upon the said bond, in law or equity, 
in his, her, or their, own name or names, for the recovery of the 
moneys which shall have been paid thereupon. 

" And it is further declared — That the cases of insolvency in the S. Journal, 
said forty-fourth section mentioned, shall be deemed to extend as pt 433, 
well to cases in which a debtor, not having sufficient property to 
pay all his or her debts, shall have made a voluntary assignment 
thereof, for the benefit of his or her creditors, or in which the 
estate and effects of an absconding, concealed, or absent debtor, 
shall have been attached by process of law (as to cases in which 
an act of legal bankruptcy shall have been committed.") 

The above amendment was, on the following day, amended in 

the first clause, to read as follows : — 
Bill amend- "And be it enacted and declared — That, if the principal in any 
™te Y jfrfd Don cI> which shall be given to the United States for duties on 

goods, wares, and merchandises imported, shall be insolvent. " 



nate, and 



The bill was then passed in its amended form; and on the 27th, h. Journal, 
the House of Representatives agreed to these amendments, with P- 591, 
an amendment, which was, on the following day, concurred in s. Journal, 
by the Senate. P- 434 - 

Heaton's On the 12th of January, 1793, a petition of Robert Heaton, of 1793. 
petition. t j ie coun t v f Westchester, in the state of New York, was pre- h. Journal, 
sented to the House of Representatives. The petitioner prayed P- 668 « 
to be exempted from the payment of the duty imposed by law 
on sundry horses and other cattle, which he had imported. This 
petition was referred to Messrs. Benson, Sedgwick, and Madison. 
On the 29th, Mr. Benson, from this committee/made a report; id. p. 685. 
and, on the 7th of February, the house considered the report, 
Bill to re- and adopted a resolution, declaring it advisable " that the seve- 
on useful ra * i m P ost ^ aws °f tne United States, so far as they may be 
beasts im- deemed to impose a duty on horses, and other useful beasts, im- 
bre^d, and ported into the United States for breed, be repealed." The same id. p. 695. 
to repeal committee was then instructed to bring in a bill, pursuant to this 
sing them, resolution. Mr. Benson, from this committee, presented, on the 



388 HISTORY OF CONGRESS. 



CSAP. EH. National Revenue— Imposts. 



2d congress. 12th, a bill for repealing the several impost laws of the United 

— — States, so far as they may be deemed to impose a duty on useful 

beasts imported for breed, and for remitting the duties hereto- 
fore accrued on such importations, in the cases where they have 
only been secured to be paid. This bill was then read the first 
and second time, and committed. The bill was considered in H. Journal, 
committee on the 21st of February, and being reported without p * * 
amendment, was ordered to the third reading, which, on the 715. 
23d, it received. On the 23d and 25th, the bill passed through S. Journal, 
its several readings, and was amended by the Senate, and the ^ ' "?* 
House agreed to the amendments. p. 717. 

Senate bill On the 7th of February, the Senate appointed Messrs. Bradley, S. Journal, 
SUP ntarr to Gunn, ana< Few, a committee to report " a bill, supplementary to p " 
the collee- the act, entitled ■ An act to provide more effectually for the coi- 
tion act. } ec tion of the duties imposed by law on goods, wares, and mer- 
chandise, imported into the United States, and on the tonnage 
of ships or vessels.'" And on the 11th, Mr. Bradley, from this Id. p. 483. 
committee, reported a bill, bearing the above title ; which was 
then read the first time, and received its second reading on the 
following day; and, on the 14th, having been amended, it was Id. p. 484. 
read the third time, and passed. In the House the bill was, on 
the loth, committed to Messrs. Goodhue, Hindman, and Jere. Id. p. 486. 
Smith. On the 22d, Mr. Goodhue, from this committee, report- H. Journal, 
ed an amendment, which was committed, with the bill, to a com- p * ' 
mittee of the whole house ; and on the 25th, the bill was before Id. p. 713. 
the committee, and several amendments were reported, which Id. p. 717. 
received the concurrence of the house, and the bill was then 
read the third time and passed. The Senate, on the 27th, agreed s. Journal, 
to some of the amendments made by the house, and agreed p ' 
to reconsider the second amendment, and to refer this amend- 
ment, with the amendments subsequent thereto, to Messrs. King, 
Morris, and Cabot. On the following day, Mr. King reported Id. p. 499. 
an amendment to the amendment which was agreed to. The 
house concurring, on the 1st of March, in this amendment, the H. Journal, 
bill was finally passed. p * * 

Jacob 0° the 22d of November, 1792, the secretary reported on the H. Journal, 

Bell's P e- petition of Jacob Bell, who, so long before as the 7th of De- j^ 3 ^ 3 ' 
duties to cember, 1790, (at the third session of the first Congress,) had pe- 
be refund- tioned the House of Representatives to be refunded certain du- 
ties, to the payment of which he had been subjected by a mis- 
take of the collector of the port of New York. On the 5th of id. p. 691. 
February, the report of the secretary was considered by a com- 
mittee of the whole, who reported the following resolution, 
which was agreed to by the house : — 



HISTORY OF CONGRESS. 389 



Chap. III. National Revenue— Proceedings as to Duties. 1793. 



2d congress. " Resolved — That the duty on a quantity of pickled fish, amount- 
ed session. . . J ■ -\ , ,. 
mg to ninety-seven dollars and fifty cents, to the payment of 

Resolution, which the said Jacob Bell has been subjected, by a mistake of 
the collector of the port of New York, be refunded to him, agree- 
ably to the prayer of his petition." 

Bill to re- It was then ordered that Messrs. Key, Grove, and Tucker, pre- H. Journal, 
ed n by PaSS P are an( ^ Drm g m tne bill necessary to give effect to this resolution. p * 695, 
House. Mr. Key, on the 7th, presented a bill to refund to Jacob Bell, cer- 
tain duties on pickled fish, which was read the first and second 
time, and committed. The bill having been considered in com- id. p. 701. 
mittee, on the 13th, and reported without amendment, was or- 703 ' 
dered to be engrossed, and was read the third time on the 15th 
of February. On the same day, the bill was read the first time s. Journal, 
in the Senate, and received its second reading on the 18th, when P- 48 ?* 488 * 
it was referred to Messrs. Foster, Monroe, and Cabot. Mr. Fos- 
Rejected ter, on the 2d of March, made an unfavourable report concerning id. p. 503. 
by Senate, this bill, which was then rejected. 

Woodrop During the first session of the second Congress, on the 17th of h. Journal, 

a etitioT S ' A P riI ' 1792 ' a memorial was presented to the House of Repre- P-579.586. 

sentatives, from Woodrop and Simms, merchants of Philadelphia, 

praying a remission of the duties on a quantity of salt and wines 

entered at the port of New York, and which were lost, together 

with the ship, on the passage. This memorial was referred to 

Messrs. Fitzsimons, Gerry, and Murray, and the case was included 

in the provisions of a bill reported by Mr. Fitzsimons, on the 24th 

Bill to re- of April, " to authorize the remission of certain duties," and which 

nut duties j^jj wag rei * ec j;ed by the Senate, as may be seen on reference to 

on wines J J J 

lostbyship- the case of Eliphalet Ledd, [page 371.] On the 8th of Novem- Id. p. 615. 

ber, this memorial was again presented, at the second session of 

the second Congress; and, on the 3d of December, was referred 

to Messrs. Key, Grove, and Tucker. Mr. Key made a report on id. p. 631. 

this case on the 6th, which was committed to a committee of the 634# 

whole house. It was acted on in committee on the 5th of Feb- Id p> 590. 

ruary, 1793, and the following resolution was then reported, and 

agreed to by the house : — 

" Resolved — That the remission of duties on a quantity of salt 
and wines entered at the port of New York, which, together with 
the ship, was lost, on the passage from thence to Philadelphia, in 
March last, ought to be granted, agreeably to the prayer of the 
petitioners." 

Messrs. Key, Grove, and Tucker, were then ordered to pre- id. p. 695. 
pare and bring in a bill to carry this resolution into effect. The 



390 HISTORY OF CONGRESS. 



Chap. HI. National Revenue— Compensations. 1793. 



2d congress, bill was reported by Mr. Key on the 7th of February, when it 

: — — received the first and second reading and its commitment. On H. Journal, 

the 8th, the bill was taken up in committee of the whole, report- P- 696 >697. 

ed without amendment, and, on the question of its engrossment, 
Rejected, was rejected. 

A great number of petitions and memorials were presented, 

complaining of the unequal operation of these laws, and praying 

for remissions of duties ; but as no legislative action was founded 

upon them, they are omitted. 



1st congress. 0# the 29th December, 1790, the petition of Shubael Swain 1790-91. 

sslon ' was presented to the House of Representatives, praying the re- h. journal, 

Shubael mission of a penalty incurred for a breach of the revenue laws ; P* 344 * 
Swaix. w hich was referred to Messrs. Goodhue, Livermore, and Sinnick- 

son. Mr. Goodhue, on the 31st, reported a bill for the relief of Id. p. 347. 

Shubael Swain, which was then read the first time, and received 

the second and third reading on the 3d and 4th of January, when 

it was passed and sent to the Senate, where, on the 4th and 5th, s. Journal, 

it was read the first and second time, and referred to Messrs. Mor- P- 229 > 2 °°- 

Bill reject- *&> Langdon, and Hawkins. Mr. Morris made a report on the 

ed by Se- eth, and the bill was then rejected, 
nate. J 

Compensa- ^ n the 21st of January, 1791, the House of Representatives h. Journal, 
tion of in- ordered the appointment of a committee, to prepare and bring in a P* 3o9 - 

bill, or bills, making provision for the compensations to inspectors 
[H.B.119.] an( i officers of inspection, to be appointed to collect the duties im- 
posed on distilled spirits, and to secure the collection thereof; and 
Messrs. Sedgwick, Madison, and Lawrance were appointed of this id. p. 363. 
Bill report- committee. Mr. Sedgwick, from this committee, reported, on the id. p. 364, 
e( * and ^ 26th, a bill providing compensation for inspectors and other officers 
of inspection, which was then read the first time, and, on the next 
Not acted day, received the second reading, and was committed to a commit- 
on< tee of the whole house. This bill was not subsequently acted on. 



3d congress. A committee was appointed, in the House of Representatives, 1792. 

- — ■— — on the 16th of April, 1792, consisting of Messrs. Goodhue, Ster- 53ournaT, 

Compensa- rett, Parker, Grove, and Barnwell, to prepare and bring in a bill, p- 579. 

tion to offi- or k']| relative to the compensations to the officers of the customs ; 

cersofcus- r 

toms. and, on the 19th, Mr. Goodhue, from this committee, presented id. p. 581. 

a bill relative to the compensations to certain officers employed in 



HISTORY OF CONGRESS. 391 



Chap. III. National Revenue— Continental Tax Receivers. 1792. 



2d congress, the collection of the duties of impost and tonnage, which was read 

1st Session. . ■ « » 

the first and second time, and committed to a committee of the 

[H.B.183.] whole house. The bill was considered in committee of the H. Journal, 
whole on the 30th, when several amendments were reported, P- 592 > 593 * 
which were, on the 1st of May, agreed to, and the bill was or- 
dered to be engrossed for the third reading; and, on the day fol- id. p. 595. 
Billpassed. lowing, the bill was read the third time and passed. 

In Senate, this bill was read the first and second time, on s. Journal, 
the 3d, and was referred to Messrs. Morris, Sherman, and Mon- P- 437 - 
roe. Mr. Morris, on the 4th, reported various amendments, some id. p. 438. 
of which were adopted ; and the bill, having been amended ac- 
cordingly, was read the third time and passed on the same day. 

These amendments were concurred in by the House of Repre- H. Journal, 
sentatives. P- 598 * 

Costiken- On the 24th of February, 1791, a petition was presented to the 1791. 
tal tax^ ii ouse of Representatives, from George Webb, a receiver of con- h. Journal, 

Petition of tmen ^al taxes in Virginia, praying for further compensation for P- 389.471. 

G. Webb, his services, and to be reimbursed for the loss of a sum of public 
money, whilst receiver of taxes. This petition was referred to 
the secretary of the treasury, from whom a report was received 
on the 12th of December; and, on the 23d, the following motion 
was submitted to the house: — 

" That the report of the secretary of the treasury, upon the id. p. 480. 
petition of George Webb, be referred to a select committee, and 
[H.B.158.] that the committee be instructed to prepare and bring in a bill, 
Bill report- allowing such of the receivers of continental taxes in the several 
ed * states, as continued in service after the end of the year one thou- 
sand seven hundred and eighty-two, a commission, as a compen- 
sation for their services and expenses, not exceeding the rate of 
per centum, upon the amount of moneys by them respec- 
tively received for continental services subsequently to the time 
aforesaid." 

Commit- This motion and report were referred to Messrs. Liver more, id. p. 487. 
ted - Giles, Clarke, Fitzsimons, and Bourne, of Rhode Island. Mr, Li- 

vermore, on the 4th of January, presented, from this committee, 
a bill granting further compensation to certain receivers of con- 
Not acted tinental taxes ; which was then read the first time, and, on the 
on - next day, received the second reading, and was committed to a 

committee of the whole house. 

M seeaion. At the commencement of the second session, on the 28th of No- 1792-93. 

vember, 1792, a committee was appointed in the House of Re- h. Journal, 

p. 629. 



392 HISTORY OF CONGRESS. 



CHAP. IH. National Reyenue— Post Office. 1792-93. 



2d congress, presentatives, consisting of Messrs. Giles, S. Bourne, and Silvester, 

2d Session. r \ .„ . ,. i . . 

to prepare a bill granting further compensation to certain re- 
ceivers of continental taxes. Mr. Giles, on the same day, pre- 

[H.B.200.] sented a bill, which was read the first and second time, and com- 
mitted to a committee of the whole house ; and, on the 25th of 
January following, the bill was considered in committee of the 
whole, and reported without amendment. The question was then h. Journal, 
taken on the engrossment of the bill for the third reading, when p * 680, 

Rejected, it was determined in the negative, by the following vote: — 

Ayes — Messrs. Benson, B. Bourne, Fitzsimons, Gerry, Giles, 
Griffin, Hartley, Huger, Learned, Lee, Livermore, Madison, Mil- 
ledge, Muhlenberg, Page, Parker, Sedgwick, Silvester, Sterrett, 
Sumpter, Venable, White. — 22. 

Noes — Messrs. Ashe, Baldwin, Boudinot, S. Bourne, Clarke, 
Dayton, Gilman, Goodhue, Gregg, Grove, Heister, Hillhouse, Ja- 
cobs, Kitchell, Kittera, Leonard, Macon, Moore, Jere. Smith, I. 
Smith, Wm. Smith, Thatcher, Tredwell, Ward.— 24. 
So the bill was rejected. 



THE POST OFFICE. 
1st congress. As an important source of national revenue, the Post Office De- 1789. 



1st Session. 



partment received a fit share of the deliberations of the first h. Journal, 

Congress. Very soon after the commencement of the first session, p- 62. 

on the 17th of July, 1789, the speaker laid before the House of 

Letter Representatives a letter from Ebenezer Hazard, postmaster ge- 

from post- nera j f £h e United States, submitting the propriety of some im- 

master ge- ■ > . ;. 

neral, call- mediate provision, by law, for the arrangement of that depart- 

tion tcfthat men * ; wn i cn was referred to Messrs. Boudinot, Goodhue, and Lee, id. p. 81. 

depart- for them to consider the subject, and report their opinion. Mr. 

ment Boudinot, on the 18th of August, made a report from that com- 
mittee. On the 27th, the house proceeded to consider this re- id. p. 92. 
port, when it was recommitted to the same committee. The re- 
port of this committee was again the subject of consideration on 
the 9th of September, when the house agreed to the following 
resolution : — 

Resolution " Resolved — That, until further provision be made by law, the id. p. 106. 

of House. g enera j p 0S t office of the United States shall be conducted ac- 
cording to the rules and regulations prescribed by the ordinances 
and resolutions of the late Congress, and that contracts be made 
for the conveyance of the mail, in conformity thereto." 



HISTORY OF CONGRESS. 393 



Chap. III. National Revenue— Post Office. 1789. 



1st congress. On the 10th of September, the Senate referred this resolution s. Journal, 



1st Session 



to Messrs. Butler, Morris, and Ellsworth, with an instruction to P* 78 - 



Non-con- 



currenceof report a bill on the subject; and, on the 11th, this committee re- id. p. 79. 
Senate. ported a resolution not to concur in the resolve of the House, 

which report was agreed to by the Senate. 
Bill passed The same committee reported a bill for the temporary esta- id. p. 79, 

by Senate, blishment f the post office, which was then read a first time, 80 - 
and House. , , , , .11 11,., i 

and, on the 14th and 15th, received the second and third read- 
ing, and was passed. On the 16th and 17th, this bill passed h. Journal, 
through its various readings, without opposition, in the House of P* nl ^~ 
Representatives. 

2d session. At the commencement of the second session, on the 22d of 1790, 



Plan from January, 1790, the speaker laid before the House of Represen- h. Journal, 

postmaster tatives, a letter from the secretary of the treasury, accompany- P* 144 - 

ing a report made to him by the post master general, respecting 

the post office, and suggesting a plan for its future establishment; 

which was referred to Messrs. Fitzsimons, Gerry, Sinnickson, 

Parker, and Stone, with instructions to report to the house their 

Referred, opinion on the subject. Mr. Fitzsimons, from this committee, 

Bill for re- presented, on the 23d of February, a bill for regulating the post id. p. 162. 

gulatmg office of the United States, which was read the first time on that 
post ornce. 

day ; and, on the 24th, received the second reading, and was 

Commit- committed. The bill was considered in committee of the whole Id. p. 193, 

ted - on the 13th of April, and also on the 14th, and on the 15th, the 194 ' 

house adopted the following order: — 

" Ordered — That the post-master general be directed to return 
to this house the route by which the mail is carried within the 
United States, distinguishing those which are called cross posts; 
also, distinguishing those cross posts which have been productive 
to the revenue, (if any such,) and those which have been ex- 
pensive beyond the revenue derived from them ; also, all the 
places at which post offices are now kept, or ought to be kept, 
and an estimate of the emoluments to each of the post office 
keepers." 

Commit- Without further action of the committee, the house, on the id. p. 203. 
^ e dl *j" 27th, adopted an order discharging the committee of the whole 
from the further consideration of the bill, and referring the bill, 
together with the report of the post-master general, on the se- 
veral matters submitted to him by the order of the house of the 

Special 15th instant, to Messrs. Livermore, Ames, Huntington, Silvester, 
committee. ,, T 

Vol. I.— 50 



394 HISTORY OF CONGRESS. 



Chap. III. National Revenue— Post Office. 1790. 



^SS 53 " Wynkoop, Smith, of Maryland, Moore, Steele, Tucker, Bald- 

win, and Vining. On the 7th of June, Mr. Livermore, from this H. Journal, 
committee, reported an amendatory bill to establish the post of- p " 2o °' 
fice and post roads within the United States, which was read the 
first and second time, and committed. This bill occupied the 
committee of the whole on the 14th, 15th, and 16th of June, 
when several amendments were reported ; which were partly 

Billpassed. considered, and were fully agreed to by the house on the follow- 
ing day. And on the 21st, the bill, as amended, passed the 245! 
house. In the Senate, this bill was read a first time, on the 22d s. Journal, 
of June, and, on its second reading, on the 23d, was postponed ; P- 164 > 165 « 
and, on the 24th, the bill was committed to Messrs. Johnston, 
Langdon, Carroll, Strong, and Maclay. Mr. Johnston, on the 
30tb, reported several amendments. On the 2d and 3d of July, id. p. 172. 
Amended the report of the committee was considered, and the bill was 174, 

in Senate. amended i n accordance with it. The question on the third 
reading, came up for consideration on the 5th, when a motion 
was made to restore the first and second paragraphs which had 
been expunged; but the motion was negatived; and, on the fol- 
lowing day, the bill was passed. The House of Representatives H. Journal, 
made some progress in considering the amendments of the Se- p * 
nate, on the 8th, and resumed the subject on the 10th, when id. p. 267. 
some of those amendments were excepted,, and others disagreed 
Disagree- to; to wit: The first amendment in the 11th section was disa- 

mg votes. g ree( 3 to; and, also, the several amendments in the 13th, 23d, 
24th, and 31st sections; and all the other amendments proposed 
by the Senate were agreed to. The Senate, on the 12th, re- S. Journal, 
solved to insist on these amendments, which were disagreed to by P- 176 ' 177 - 
the House, and desired a conference with such managers as the 
House of Representatives might appoint, on the subject of the 
disagreeing votes, and Messrs. Ellsworth, King, and Strong, were 
Confer- appointed to conduct the conference on the part of the Senate. 

ence. On the following day, the House agreed to the proposed confe- H. Journal, 

rence, and appointed Messrs. Gerry, Steele, Hartley, Vining, and p " 
Burke, to be the managers on the part of the house. Mr. Ger- 
ry made a report from the managers to the house on the 22d, Id. p. 276. 
when it was moved, that the house adhere to their disagreement 
to the first amendment; and the question being put on this mo- 
tion, it was decided in the affirmative as follows: — 

Ayes — Messrs. Ashe, Baldwin, Broodworth, Brown, Burke, Cly- 
mer, Coles, Contee, Fitzsimons, Floyd, Gale, Gerry, Griffin, Hart- 
ley, Heisler, Huntington, Jackson, Livermore, Madison, jr., Ma- 
thews, Muhlenberg, Page, Parker, Scott, Seney, Sevier, Sher- 



HISTORY OF CONGRESS. 395 



CHIP. m. National Revenue— Post Office. 1790. 



1st congress, man, Silvester, Steele, Stone, Sturges, Sumpter, Tucker, Vining, 

2d Session. ,___ „_ ° 

White.— 35. 

Noes — Messrs. Ames, Benson, Boudinot, Cadwalader, Foster, 
Gilman, Goodhue, Grout, Lawrance, Leonard, Partridge, Van 
Rensselaer, Schureman, Sedgwick, Smith, of Maryland, Smith, 
of South Carolina, Thatcher, Trumbull, Wadsworth, Wynkoop. 
—20. 

The house then determined to recede from their disagreement 

to the second amendment, and to insist on their disagreement 

to the amendments to the twenty-fourth and thirty-first sections, 

with the following exceptions; to wit: — 

Proposi- " Sect. 24, line 2. After the word ' persons,' insert, in a pa- 

Uonsbythe ren tliesis, '(others than printers of newspapers.)' 

u Sect. 31. Strike out the words < agreeably to his report on the 
petition of Christopher Colles.' " 

The House also determined to recede from their disagreement H. Journal, 
to, and to agree with the Senate in their first amendment to the P- 27 ' 6 » 27 ' 7 '- 
eleventh section; also, to the amendment for striking out the thir- 
teenth section, and to the amendment for striking out the twen- 
ty-third section, with the following amendment; to wit: — 

" Insert, in lieu of the words proposed to be inserted by the Se- S. Journal, 
nate, the words following: — « That it shall be the duty of the post- p ' 188, 
master general to permit any printer of newspapers within the 
United States, to send and receive newspapers by the post, sub- 
ject to a postage of one quarter of a cent for each newspaper.'" 

In the Senate, Mr. Ellsworth, from the managers of the con- 
ference, made a report on the 24th of July; and the Senate then 
proceeded to consider the resolve of the House of Representa- 
tives in reference to the Senate's amendments. It was then re- 
Senate ad- solved, that the Senate adhere to their amendment, section first 
here. an( j sec0 nd, line first to twenty-seventh, and recede from their 

amendments in the twenty-fourth and thirty-first sections, with 
the exceptions proposed by the House of Representatives; and 
that they agree to the amendment proposed by the House of Re- 
presentatives in the twenty-third section, with an amendment. 
Bill lost. Both houses having adhered, the bill was lost. 

Committee On the 28th of July, the House of Representatives appointed h. Journal, 

n° ^buT 6 a committee > consisting of Messrs. Sedgwick, Smith, of South P- 283 - 

Carolina, and Huntington, to prepare and bring in a bill or bills 

to continue in force for a limited time, an act, entitled " An act for 

the temporary establishment of the post office. " On the same day, 



396 HISTORY OF CONGRESS. 



Chap. HI. National Revenue— Post Office. 1790. 



ist congress. Mr. Sedgwick reported a bill, in pursuance of this resolution of h. Journal, 



2d Session. 



the House, and it was then read the first and second time, and P- 285 - 



Billintro- ordered to be engrossed; and it was read the third time, and 
dUC6 d ^ P assec *> on tne following day. This bill was acted on in the Se- s. Journal, 
the House nate with equal promptitude, being read the first and second P* 193 * 

*ate Se " time ° n tlie 29th ' and ° n the 30th Dein S reacl tne tnircl time ancl 
passed. 

3d session. At the commencement of the third session of the first con- h. Journal, 

Committee gress, on the 8th of December, 1790, the House of Representa- P- 333 - 

to prepare tives again appointed a committee, consisting of Messrs. Sher- 
bill toes- "?_ t „ T .„. v , ■ • 

tablishpost man, Glymer, and Williamson, to prepare and bring in a bill or 

office, &c. bills for establishing the post office and post roads of the United 

Billreport- States. On the 7th of January, 1791, Mr. Sherman, from this 1791. 
committee, presented a bill, according to the instruction, which h. Journal, 
was read the first and second time, and committed to a commit- Sg^^'go 

Committee tee of the whole house. The bill was considered in commit- 392. 

\fhole dis- tee °^ ^ e wno H on the 31st, and on the 24th of February; and 

charged, on the 25th it was ordered by the house, that the committee 
of the whole be discharged from further proceeding on the bill. 

New eom- A new committee was appointed on the 28th, consisting of id. p. 394. 

mittee. Messrs. Smith, of South Carolina, Sherman, and Scott, to prepare id. p. 396. 
and bring in a bill to continue in force for a limited time, an act id. p. 398. 
entitled i: An act for the temporary establishment of the post of- 
Newbill. fice." On the same day, Mr. Smith presented a bill with this 
title, which was read the first time; and received its second read- 
ing, and was committed to a committee of the whole house on 
the 1st of March. The house immediately went into committee 
of the whole on the bill, and reported several amendments, 
which were agreed to by the house, and the bill was then read 
Passed by the third time and passed. The bill, as it was passed by the 

the House, house, is as follows: — 

Bill as pass- " Sect. 1. Be it enacted, by the Senate and House of Representatives S. Journal, 
ed b y of the United States of America, in Congress assembled — That the act p * x 
passed the first session of Congress, entitled ' An act for the tem- 
porary establishment of the post office, be, and the same is here- 
by continued in full force, until the end of the next session of 
Congress, and no longer. 

" Sect. 2. And be it further enacted — That no law of any state 
shall operate to impede or obstruct the stage carriages which 
shall be employed by virtue of this act, in conveying the mail of 
the United States, or to prevent passengers being carried in 



HISTORY OF CONGRESS. 397 



Chap. HI. National Revenue— Post Office. 1791. 



istcongress. suc h carriages, or to subject the owners or drivers of such car- 

Sd cession. 

r riages to any penalty or tax on account of such employment. 
Amended a Sect. 3. And be it furtlier enacted — That all letters to and from g. journal, 
by Senate, ^he treasurer, comptroller, and auditor of the treasury, and the P« 298 « 

assistant of the secretary of the treasury, on public service, shall j^ p> 302. 
be received and conveyed by the post free of postage." 

This bill was read the first and second time in the Senate, on id. p. 307. 
the 2d of March ; and the second section of the bill having been 
expunged, it was, on the same day, read the third time and passed, 
with the following amendments: — 

" Strike out the second section, and add at the end of the bill — 

" ' And be it further enacted — That the post-master general shall 
be, and he hereby is, authorized to extend the carrying of the 
mail from Albany, in the state of New York," to Bennington, in 
the state of Vermont." 

House con- The House of Representatives, on the 3d, agreed to these se- h. Journal, 
cur. veral amendments of the Senate. P* 404 *- 



2d congress. The subject was again taken up by the second Congress, at 

— — their first session. On the 28th of October, the House of Repre- 

Committee sentatives appointed Messrs. Livermore, Clarke, Steele, Bourne, of id. p. 443. 
to prepare fth oc i e I s ] a nd, and Thatcher, a committee to prepare and bring 
Bill to es- m a D *N> or kills, for establishing the post office and post roads of id. p . 465. 
tablishpost theJUnited States; and, on the 29th of November, Mr. Livermore, 
post roads. ^ rom tms committee, presented a bill " to establish the post office 
and post roads within the United States;" which was read the 
first and second time, and committed to a committee of the whole 
house. This committee had the bill under consideration on the id. p. 469, 
6th, 7th, 8th, 9th, 15th, 16th, 20th, 21st, 23d, and 26th of De- %°^_^' 
cember, and, on the 26th, the committee reported several amend- 
ments to the bilL On the 27th and 28th, the house considered id. p. 481, 
these amendments, some of which were agreed to as reported, 482 - 
some amended and agreed to, and others disagreed to. The sub- 
ject was resumed on the 29th, when the bill was further amend- 
ed, and the 17th and 18th sections were recommitted to Messrs. ^ p . 483. 
Smith, of New Hampshire, Lawrance, Baldwin, and Bourne, of 
Massachusetts. 

Amend- 0n tne 3d of January, 1792, Mr. Smith, the chairman of this 1792. 



ments pre- committee, reported amendments, in lieu of the 17th and 18th H. Journal, 
pared. p. 486. 



: 1 1 HISTORY OF CONGRESS. 



QUU&ni ?•"::::: ^t;: .;— - :>-. : - :.; RK 



sections, which were agreed to by (he house; and, on the 5th, the 
subject being again before the boose, it was moved to amend the 
bill, by inserting, after the section, the following claui e — 

" Ami be it further enacted— That it shall be lawful for die car- 
riages, by which the mail shall be conveyed, to receive passen- 
gers to or from any place or places, and through any state or 
states, upon all roads declared to be post roads, by the laws of 
the United States."* 



it was then moved to amend this amendment, by adding to it 
the following proviso: Prodded — That wherever any exclusive 
privilege of conveying passengers for hire in stage carriages, on 
any of the roads established by this law, hath been heretofore 
granted by any of the states, for a term of years, such exclusive 
privilege shall continue and be of loll force and effect agreeably 
to the conditions thereof, until such term shall expire." 

Hie question being taken, on adding this proviso, it was de- 
cided in the negative, by the following rote : — 

Ayes — Messrs. Baldwin, Barnwell, Griffin, Huger, Lawrance, 
Madison, Murray, Seney, W. Smith, Sterrett, Sturges, Sumpter, 
Thatcher, Vming.— 14, 

Noes — Messrs. Ames, Ashe, Benson, Boudinot? S. Bourne, B. 
Bourne, Brown, Clarke, Kndley , Fitzsimons, Gerry, Giles, Gihnan, 
Gordon, Gregg, Grove, Heister, Jacobs, Key, Kitc.hell, Kittera, 
Lei:r.ei. Lee. L:veri-.::e. M::::.. M:::e. Mui!er.:err. -V.e?. 
Page, Parker, Schoonmaker, Jere. Smith, L Smith, Steele, Si^ 
Tester, Tredwefl, Yenable, Wadsworth, Ward, Wayne, White, 
Jamsoo, WUlig.— 43. 

The question was then taken on agreeing to the amendment as 
KegBtzred. at first proposed, and determined also in the negative, as foil*: 

.-! -::—y.i'.i:s A::\eE. Lezv.z. ?. £.; une. B. £:u;ie. LieLej. 
Fitzsimons, Gerry, Gilman, Gordon, Gregg, Huger, Kittera, Law- 
rance, Learned, Livennore, Macon, Muhlenberg, W. Smith. 



r:-r>;-.v:-i :V:~ ~s.± : : --r-i::: -■ :": : :.-~; "- "'..--- ~..- ._ : z'.~z-z - ? /. '^ 1 :■ '. 7 '.\.^. :.-■: 
N - Y ::'•:. 7 -_; - .- -_ : .--.— :■;-.. ::. : :' C : ,-;:.-.-. - : :--. . . v.;-. :': " :. : ::i ■ 
7 ■:*: 1 : :. "_-: -__ iu.-erf : :.: -u:: ; :" I'-. " ;■ .-: zy . -. :. _li.:. s. m.-t t'_L".£ % 

7 :•■■:.:■:- :z :: v.; :: _ ! r-.f .-. - -; 7 _-^r: ::" :". r:\: : . -r.i v :- _; v.: - _: ! : :■ i.l_- 



HISTORY OF CONGRESS. 399 



CHAP. III. National Revenue— Post Office. 1792. 



sd congress. Steele, Sturges, Silvester, Thatcher, Vining, Wadsworth, Ward. 

1st Session. » O » ' > o 7 » 

—25. 

JVbes — Messrs. Ashe, Baldwin, Barnwell, Boudinot, Brown, 
Clarke, Giles, Griffin, Grove, Heister, Jacobs, Key, Kitchell, Lee, 
Madison, Moore, Murray, Niles, Page, Parker, Schoonmaker, Se- 
ney, Jere. Smith, I. Smith, Sterrett, Sumpter, Tredwell, Tucker, 
Venable, Wayne, White, Williamson, Willis. — 35. 
Bill amend- The bill was then further amended; and, on the 9th, it was h. Journal, 
ed and taken up for consideration on the question of its third reading, P- 48 ?» 488 - 
when some discussion took place. The blanks having been filled id. p. 490. 
up, it was read the third time, and passed on the following day. 
Committed The bill was read the first time in the Senate, on the 10th of g. journal, 
in Senate. January; and, on the 16th, after its second reading, it was re- p-364.370. 
ferred to Messrs. Bassett, Bradley, Burr, Ellsworth, Few, Fos- 
ter, Henry, Johnston, Izard, Langdon, Lee, Morris, Rutherford, 
and Strong. Mr. Bassett, on the 25th, reported sundry amend- id. p. 377. 
ments to the bill, and these amendments were taken up for con- 379, 
sideration on the 27th. The following motion was then made: — Id. p. 381. 

" That it shall be lawful for the post-master general, and his 
deputies, to receive donations from any person or persons in aid 
of the revenue arising from any post road; and if it shall appear, 
at the expiration of one year from the establishing of any post 
road, except the main road from Wiscasset to Savannah, that the 
revenue, arising from such post road, including donations, after 
deducting the compensations of the deputy post-masters, and the 
incidental charges of the post offices, shall not amount to two- 
thirds of the expense of carrying the mail on the same, that then 
it shall be lawful for the post-master general to desist from send- 
ing a mail on such road." 

Motion to On the question being put, this motion was decided in the ne- 

amend ne- gative. The amendments of the committee were then adopted 

Passed ^y ^ e Senate m T and, on the 30th, the bill was passed with the 

with a- following amendments: — 
mend- 

ments. "Sect. 1, lines 2, 3. Dele the words ' passing of this act,' 

and insert these words, < first day of June next. 5 

"In the same section, line 5. Dele the word ' Exeter.' 
" In the same section, line 7. Between the words < Elizabeth- 
town ' and ' Brunswick,' insert the word ' Woodbridge.' 

"In the same section, line 13. Dele the word 'to,' after the 
word « Augusta,' and insert < by;' and after the word { Washing- 
ton,' in the same line, insert the words, < in Wilkes county to 
Greenborough, and from thence.' 



400 HISTORY OF CONGRESS. 



Cbllp.DX y-_: .-.-. --.-.-_ -■_ -,—- -i -.:=..; 1798. 



MQaeicaB. I* the same section, line 14. After c Oeechee,' insert these 

rgetown to Augusta. 

Amend- * In the same section, £ne 16. Between the words * from ? and 
Bo^te, « Exeter/* insert the words < Portsmouth by;' and in the same 
line, after • Exeter/ dele the word c to, 5 and insert ; and;- and, 
after the word { Concord, 5 insert the words c to Hanover.* 

" Line IS. Between the words « Providence ' and * Newport/ 
insert c East Greenwich.' 

a In the same section, line 20. Dele the words l Taunton to 
Plymouth, and thence to Boston/ and insert these words. • Bos- 
ton, by Plymouth, 10 BaniriaMe ' 

" In the same section, line 22. Dele the words, £ through 
Northfield,' and insert the words, ' by Northampton, Brattlebo- 
rough.' 

"In the same section, line 22. Dele the word i to/ and insert 
1 by / and in the 23d line, after the word ■ Vermont/ insert the 
words < to Hanover/ and dele all the words that follow the 
word * Vermont," to the word -and/ in line 24. 

" In the same section , 5. After the word ' Pittsburg/ 

insert these words, c and from Philadelphia to Bethlehem; from 
Bethlehem, by Reading and Harrisburg, to Carlisle; and from 
Bethlehem, by Easton, Sussex Court House, Goshen, Ward's 
Bridge, and Kingston, to Rhinebeek: from Philadelphia, by Sa- 
lem, to Bridgetown.' 

"In the same section, line 29. After the word i Vienna,* in- 
»ert these words, 'and from Vienna, by Salisbury, to Snow 
Hill;' and, in the same line, after the word • by,* insert ' No - 
eastle, Cantwell's Bridge, and.' 

• In the same section, line 30. Between the words 'by ' and s. Joarmk 

• Digsborough/ insert 'Milford;' and after the word 'Dagsbo- P- 582 * 
rough,' dele the word ' to/ and insert ' Snow Hill, and.' 

"In the same section, line 31. After the words, * Court 
House/ insert these words. Mo Norfolk.' After the words 

* Allen's Fresh,-' line 32. insert •' Newport.' 

the same section, line 34. After the word < Urbanna,* 
insert these words, ' and from thence, crossing Rappahannock, 
and proceeding by Northumberland Court House, to Kinsale, 
on the river Yeocomico, thence, by Westmoreland Court House, 
through Leedstown, to Fredericksburg.' 

After the word 'by,' insert 'Warrington;' after 
' Hillsborough,' insert ' Salem.' 

" In the same section, line 3S. After the word ' Salisbury,' 
insert these words: ' From Halifax, by Bluntsville, Williamston, 



HISTORY OF CONGRESS. 401 



Chap. 111. National Revenue— Post Office. 1792. 



2d congress. Dailey's, Plymouth, by Mackay's Ferry, to Edenton; and from 

Edenton, by Hertford, Nixonton, Sawyer's Ferry, in Camden 

ments^of coun ty> *° Indian town, in Kurrituck county.' 
Senate. " In the same section, line 38, dele the word < to,' between the 

words 'New York' and 'Albany,' and insert 'by;' and, line 39, 
after the word ' Albany,' insert these words, ' Bennington, Man- 
chester, and Rutland, to Burlington, on Lake Champlain, and 
from Albany, by Schenectady, to Canajoharrie.' 

"In the same section, line 41, before the word ' Elizabeth 
town,' insert the words, ' Newark, or/ 

" In the same section, line 42, after the words ' court house,' 
insert these words, ' from Woodbridge to Amboy ;' and, in the 
same line, between the words ' by Leesburg,' insert ' Salisbury.' 

" In the same section, line 44, after the word ' by,' insert the 
word ' Columbia.' 

" In section 2, line 2, dele the word ' five,' and insert * eight.' 

" In section 4, line 3, dele the words ' shall return/ and insert 
the word ' render.' 

" In the same section, line 10, to the word 'office,' add the 
letter ' s,' and the following words, ' and the contractors for car- 
rying the mail, and their agents or servants to whom the mail 
shall be intrusted, before they commence the execution of said 
trust, shall respectively.' 

" In the same section, line 12, dele all that follows the words 
' post-master general,' to the letter ' I,' in line 25. 

" In the same section, line 26, dele the words ' execute and,' 
and, also, all that follows the word ' by,' in line 27, to the word 
' office,' in line 28, and insert these words, ' law in relation to the 
establishment of post offices.' 

"In section 5, line 1, dele all the words following the word 
1 that,' to the word ' if ' in line 3. 

"In section 6, line 3, after the word e states,' insert these 
words, ' and in one or more of the newspapers published in the 
state or states, where the contract is to be performed,' and dele 
the word ' twelve,' in the same line, and insert ' six.' 

" In section 7, line 5, dele all that follows the word * therein,' 
to the end of the section. 

" Sect. 8. After the word ' that,' in the first line, insert ' from 
and after the passing of this act' 

" In the same section, lines 3 and 4, dele the words ' at the trea- 
sury of the United States,' and insert these words, 'out of the 
revenues of the post office.' 
Vol. I.— 51 



402 HISTORY OF CONGRESS. 



Chap. III. National Revenue— Post Office. 1792. 



2d congress. « In section 9, line 1, dele the word * March,' and insert 

1st Session. 

' June.' 

mente^of " ^ n * ne same section, between lines 17 and 18, insert these 
Senate. words, ' over three hundred and fifty miles, and not exceeding 
four hundred and fifty, twenty-two cents.' 

"In the same section, line 18, after the word * hundred,' in- 
sert these words, ' and fifty.' 

" In section 10, line 1, after the word ' letters,' insert these 
words, * and packets ;' and in line 2, after the word ' states,' in- 
sert these words, ' or from one part to another therein.' 

■ In the same section, line 3, dele all that follows the word 
' states,' to the word ' shall,' in line 4. 

" In the same section, line 5, dele all that follows the word 

* letter,' to the word ' eight,' in line 7. 

" In the same section, line 9, after the word * letter,' insert 
these words, ' or packet.' 

" In the same section, line 10, the same amendment. 

"In the same section, line 11, dele the word 'other,' and insert 
the word ' private.' 

" In the same section, line 12, after the word ' to,' insert these 
words, ' be delivered at' 

" In section 11, line 2, after the word ' general,' insert these s. Journal, 
words, ' to receive the postages of letters,' and, after the word P* 383, 
1 shall,' in the same line, insert the word ' fraudulently.' 

"In section 12, line 6, dele all the words following the word 
' consignee,' to the word ' but,' in line 7. 

" In the same section, line 8, after the word * than,' insert the 
word ' that ;' and, in the same line, dele all that follows the word 

* enter,' to the word * the,' in line 10. 

"In the same section, line 14, after the word * letters,' insert 
the word ' except' 

"In section 13, line 3, after the word 'same,' insert these 
words, ' except the commanders of foreign packets.' 

" In section 14, line 2, after the word ' deputies,' insert these 
words, ' or persons by them employed.' 

" In the same section, line 3, after the word 'packets,' insert 
these words, ' other than newspapers.' 

" In the same section, lines 3 and 4, dele the words ' on any es- 
tablished post road ;' and, in line 5, after the word ' post,' insert 
these words, ' wagon or other carriage by, or in which any let- 
ter or packet shall be carried for hire, on any established post 
road.' 

" In the same section, line 7, dele all that follows the word ' dol- 






HISTORY OF CONGRESS. 403 



Chap. HI. National Revenue— Post Office. 1792. 



2d congress, lars,' to the end of the section, and insert these words : ' Provided — 

1st Session. 

That it shall and may be lawful for every person to send letters 
ments^of or packets by special messenger.' 

Senate. "Dele the whole of the 15th section. [The 15th section is as 

follows: — Provided, nevertheless, and be it further enacted — That it 
shall be lawful for the masters of ships and vessels, conductors of 
pack-horses, and for carriers of goods by carts or wagons, to be 
carriers and deliverers of all such letters or packets, as imme- 
diately concern any merchandise or lading in such ship or vessel, 
or such goods or merchandise as are under the immediate care 
or inspection of such masters, conductors, or carriers : Provided, 
such master, conductor, or carrier, shall deliver every such let- 
ter to the person or persons to whom it is addressed, without hire 
or reward: Provided, also — That it shall and may be lawful for 
every person to send letters or packets by any private friend, or 
by special messenger.] 

" In section 16, dele all that follows the word ' the ' in the third 
line, to the word * in/ in line 4, and insert the words, ' number 
and rates.' 

"In section 17, lines 3 and 6, dele the word 'newspapers.' 

" In the same section, line 23, dele all the words following the 
words ' post office,' to the word ' every ' in line 26 ; and, in line 
26, dele the word ' one,' and insert ' five. ' 

" In section 18, lines 3 and 4, between the words ' letter' and 
1 packet,' insert the word ■ or,' and dele the words 'bag or mail 
of letters.' 

" In the same section, line 5, dele the words, ' or from or out of 
any bag or mail of letters. ' 

" In the same section, line 6, dele all the words following the 
words ' post office,' to the word ' any,' in line 7. 

"In section 20, line 10, after the word 'war' insert these 
words, ' the commissioners for settling the accounts between the 
United States and individual states.' 

" In the same section, line 1 1, dele all that follows the word ' as- 
sistant,' to the word 'provided,' in line 13; and, in line 13, dele 
the words ' having the privilege of franking letters.' 

" In the same section, line 17, dele the words ' in all cases such 
person,' and insert the words ' each person before named.' 

" In section 23, line 9, after the word ' packets,' insert these 
words, ' and if any of the persons employed in any departments 
of the post office, shall unlawfully detain, delay, embezzle, or 
destroy, any newspaper with which he shall be intrusted, such 
offenders, for every such offence, shall forfeit a sum not exceed- 



404 HISTORY OF CONGRESS. 



CHAJP. III. National Revenue— Post Offce. 1792. 



2d congress, ins: fiftv dollars. Provided — That the postmaster, in any con- 

lst Session. o •» . - 

tract he may enter into for the conveyance of the mail, may au- 
ments^of thorize the person with whom such contract is made, to carry 
Senate. newspapers other than those conveyed in the mail.' 

" In section 24, line 5, after the word ' exceed/ insert these 
words, ' forty per cent., to any deputy whose compensation there- 
by shall not exceed fifty dollars, nor thirty per cent, to any depu- 
ty whose compensation thereby shall not exceed one hundred 
dollars, nor; ' and, in the same line, between the words ' any ' and 
* deputy,' insert the word 'other,' and dele the words ' other 
than,' and insert the word ' except.' 

P In the same section, line 11, dele the word ' fifteen,' and insert 
the word ■ eighteen,' and, at the end of the section, insert these 
words, ' for all services by him rendered.' 

" Dele the 25th section. [The 25th section is as follows : — And 
be it further enacted — That it shall be the duty of the post-mas- 
ters of the respective cities of New York, Philadelphia, Anna- 
polis, and Charleston, and of the towns of Portsmouth, in New 
Hampshire, Boston, Salem, Providence, Newport, and Baltimore, 
to cause all letters directed to persons in any of the said cities or 
towns, or the liberties thereof, to be delivered at the houses or 
dwelling of such persons, and that one cent, in addition to the 
postage, be charged on every letter or packet so delivered.] 

* In section 26, line 3, after the word ' render,' insert the word 
1 his,' and to the word * account ' add the letter ' s. ? 

" In the same section, line 4, dele the word ' six,' and insert 
' three.' 

"In the same section, line 7, dele the words ' half year,' and in- 
sert these words : ' three months.' 

"In section 27, line 1, between the words 'all penalties,' in- 
sert the word ' pecuniary,' and dele the word ' recovered,' and in- 
sert the word ' incurred.' 

" In section 28, line 2, dele all the words following the word 
' provision,' to the word ■ where,' in line 3. 

u In section 30, line 2, after the words ' post office,' insert these 
words : ■ which shall have accrued.' 

" In the same section, line 2, dele the words ' passing of this 
act, and,' and insert these words, ' first day of June next.' 

" And be it further enacted — That the act passed the last session of s. Journal, 
Congress, entitled * An act to continue in force, for a limited time, P- 384, 
an act, entitled ' An act for the temporary establishment of the 
post office,' ' be, and the same is, hereby, continued in full force, 
until the first day of June next, and no longer." 



HISTORY OF CONGRESS. 405 



Chap. III. National Revenue— Post Office. 1792. 



2d congress. " At the end of the bill insert the following clause : ' And be it 

"" further enacted — That this act shall be in force for the term of 

ments^of * wo y ears ^ rom * ne ^ rs ^ day °f J une next, and no longer.' 
Senate. " And that the sections be numbered conformably." 

On the 2d of February, the House of Representatives consi- s. Journal, 
dered the amendments of the Seriate, agreeing to some of them, P* 501, 
and disagreeing to others, by the adoption of the following reso- 
lution : — 

u Resolved — That the House of Representatives doth disagree 
to the sixth amendment proposed by the Senate, in section 1st, 
and doth agree to all the other amendments to the said bill, with Id. p. 387. 
amendments to the 15th amendment, in the said 1st section, as 
follow : — In the words proposed to be inserted by the Senate, be- 
tween ' Dailey's ' and ' Plymouth,' insert ' to,' and strike out the 
words, ' by Mackay's Ferry to Eden ton.' In the body of the bill, 

line , after the word ' and,' in the third place, insert the 

words, ' by Plymouth, to.' " 

Amend- The Senate, on the 3d, receded from their sixth amendment, 
m eedto a " anc * concurre d w ^ n tne House of Representatives in their amend- 
ments to the amendments of the Senate, 

2<j session. The President's message to Congress, in November, 1792, 
brought the subject of the post office again under the notice of 
that body, in the following paragraph : — 

Extract " It is represented that some provisions in the law which esta- President's 
from Mes- blishes the post office, operate, in experiment, against the trans- ^ e ^f e, r 
President, mission of newspapers to distant parts of the country. Should 2d Session. 
this, upon due inquiry, be found to be the fact, a full conviction H. Journal, 
of the importance of facilitating the circulation of political intelli- p ' 
gence and information, will, 1 doubt not, lead to the application p# * 454, 
of a remedy :" 

And the address of the House of Representatives, in reply to 
the message, contains the following pledge : — 

Reply of " The operation of the law establishing the post office, as it re- h. Journal 
House. lates to the transmission of newspapers, will merit our particular P* 61 ^ 
inquiry and attention — the circulation of political intelligence, 
through these vehicles, being justly reckoned among the surest 
means of preventing the degeneracy of a free government, as well 
as of recommending every salutary public measure to the confi- 
dence and co-operation of all virtuous citizens." 



406 HISTORY OF CONGRESS. 



Chap. III. National Revenue— Post Office— Bill to reduce Postage on Newspapers. 1792. 



2d congress. In redemption of the pledge contained in this paragraph, the H. Journal, 

— — House of Representatives, on the 14th November, 1792, appointed P ,62 °- 

Committee Messrs. Murray, Baldwin, Gilman, Ames, and Barnwell, a com- 
what reP ° rt m ^ tee to take into consideration that part of the President's 
change ne- speech which relates to the transmission of newspapers, and to 
cessary. re p 0r t whether any, and what, alterations may be necessary in 
the act passed last session, for the regulation of the post office ; 
and, on the 16th, Mr. Venable and Mr. Steele were added to this Id. p. 621. 
committee. Mr. Steele was afterwards excused from serving on 
the committee, and Mr. Grove was appointed in his room by an 
order of the house, of the 16th of January, 1793. On the 18th of Id. p. 674. 
February, Mr. Murray, from this committee, made a report, 
which was committed to a committee of the whole house. But id. p. 705. 
there was no subsequent action on the subject by the second 
Congress. 



2d congress. On the 2d of March, 1792, the first session of the second Con- 

lst Session. . »„ • 

gress, a committee was appointed in the House of Representa- 

Postage tives, consisting of Messrs. Gerry, Murray, and Findley, to pre- id. p. 525. 

OJ pAPEB^ S " P are an( * Dr ^ n g m a kill or bills, for reducing the rates of postage 529# 
on newspapers. And, on the 6th, Mr. Gerry, from this commit- 
tee, presented a bill, which was then read the first time, and on 
the 7th received the second reading, and was committed to a 
committee of the whole house. This bill was considered in com- id. p. 590, 
mittee of the whole on the 26th of April, and was reported with 591, 
an amendment, which was agreed to by the House, and the bill 

Bill passed was ordered to be engrossed; and on the next day it was read 
by House. the third dme and passed# 

Rejected I* 1 tne Senate the bill was read the first time on the 28th, and s. Journal, 
in Senate, the question being then put on the second reading, it was de- P* 434, 
cided in the negative. So the bill was rejected. 



i«t congress. At the second session of the first Congress, on the 6th of May, 1790. 
M 9eS810n - 1790, a memorial of Nathaniel Twining was presented to the h. Journal, 
Nathawim House of Representatives, praying relief for certain losses and £;| 09,211, 
Twiwimg. injuries sustained by him, in consequence of a contract entered 
into with the late post-master general for the conveyance of the 
mail, which was referred, on the 7th, to Messrs. Burke, Lee, 
and Vining, for examination. Mr. Burke made a report from id. p. 226, 
this committee on the 20th of May, which was taken up for con- 227# 



HISTORY OF CONGRESS. 407 



CHAP. III. National Revenue— Post Office. 1790. 



1st congress, sideration, on the 2Sth, when the following resolution was 

2d Session. ' ? ° 

adopted: — 

Resolution " Resolved — That the penalty incurred by Nathaniel Twi- 
of House. n j n g m consequence of the failure of his contract, as executed 
with the late post-master general, for transporting the mail by 
means of carriages, from Georgetown to Charleston, and from 
thence to Savannah, from the month of September, one thousand 
seven hundred and eighty-seven, until the first of January, one 
thousand seven hundred and eighty-eight, be remitted; and that he 
be allowed, out of the treasury of the United States, the sum of five 
hundred and sixty-seven dollars and forty-one cents, and also the 
additional sum of eight dollars, for having transported the mail 
from the head of Elk to Philadelphia, after the first day of Ja- 
nuary, one thousand seven hundred and eighty-eight, as appears 
by sufficient vouchers." 

It was then ordered that Messrs. Burke, Lee, and Vining, 
[H. B. 72.] prepare and bring in a bill pursuant to this resolution. Mr. h. Journal, 
Burke, on the 3d of June, presented, from this committee, a bill P- 233, 234. 
Bill report- for the relief of Nathaniel Twining, in certain cases, which was 
ed# then read the first time, and on the following day was read the 

second time and referred to Messrs. Burke, Lee, and Vining. 
Mr. Burke made a report on the 8th, which was considered on id. p. 235. 
the 14th, when the bill was amended, and ordered to be en- 
Passed by grossed for the third reading, and on the 15th the bill was read id. p. 241, 
House. th e third time and passed, and was sent to the Senate. 

In the Senate this bill was read the first and second time, on s. Journal, 
the 15th and 16th, and was committed to Messrs. Langdon, P- 158 - 164 - 
Wingate, and Maclay. Mr. Langdon reported, from this com- id. p. 165. 
mittee, on the 23d, and, on the 24th, the Senate proceeded to 
consider the report as follows: — 
Report o " That they have heard Mr. Twining on the subject, and ex- 
Senate amined the documents relative to his contract for transporting 
committee i o 

against bill, the mail between Charleston and Savannah, for the year 1787, 

and taken into consideration his repeated failures in the course of 
that year, the forfeitures remitted, and the allowance already made 
him; it is, therefore, the opinion of the committee, that the forfei- 
tures incurred by the said Twining, in neglecting to transport the 
mail agreeably to contract, from the month of September, 1787, 

Report dis- to that of January, 1788, should not be remitted, and that the 

agreed to. said bm be disagreed to by the Senate." 

The question being then put on agreeing to the report of the Id. p. 166, 
committee, it was determined in the negative, and the bill was 



408 HISTORY OF CONGRESS. 



Chap. III. National Revenue— Public Lands. 1790. 



istcongress. ordered to the third reading; and on the 27th the bill was 

2d Session. 



Bill passed. 



passed. 

Several petitions connected with the post office department 
were presented, at various times, and disposed of either by refe- 
rence to the proper executive officer, or laid on the table. The 
object of some of these was provided for by the bills which have 
been described, and on the residue of the petitions there appears 
to have been no legislative action. 



THE PUBLIC LANDS. 

1st congress. The third great source of national revenue, the public lands, 1789. 

1st Session. ~ ** 

~~ ! suggested itself also to the attention of the first Congress, soon h. Journal, 
Lands, after Iheir meeting. On the 28th of May, 1789, the House of P' 42 ' 
Representatives ordered that Messrs. Scott, Huntington, and 
Committee Sherman, be a committee, " to consider the state of the unap- 

on W*psf*» 

em lands, propriated lands in the Western territory, and to report thereon." 

Mr. Scott made a report from this committee on the 15th of id. p. 48. 
June, which was committed to the committee of the whole house 
on the state of the Union; and was taken into consideration by 
that committee on the 22d of July, when the following resolu- 
tion was reported and agreed to by the house: — 

Resolution. "Resolved — That an act of Congress ought to pass for esta- id. p. 64. 
blishing a land office, and for regulating the terms and manner 
of granting vacant and unappropriated lands, the property of the 
United States: That the said office be under the superintendence 
of the governor of the Western territory: That the lands to be 
disposed of be confined to the following limits; namely: — » 

" That the tracts or parcels to be disposed of to any one per- 
son, shall not exceed acres; that the price to be required 

for the same shall be per acre; and that every person ac- 
tually settled within the said limits, shall be entitled to the pre- 
emption of a quantity not exceeding acres, including his 

settlement." 

Committee Messrs. Scott, Silvester, and Moore, were then instructed to id. p. 69. 

to prepare p re p are anc [ bring in a bill grounded on this resolution. On the 
31st, Mr. Scott, accordingly, presented a bill establishing a land 
office in and for the Western territory, which was, on that day, 
Bill read read a first time, and received the second reading, and was com- id. p. 70. 

twice. mitted to a committee of the whole house, on the next day. The 

Postponed, consideration of this bill was postponed daily until the termina- 
tion of the session. 



HISTORY OF CONGRESS. 409 



Chap. ITT. National Revenue -Public Lands. 1790. 



1st congress. On the 18th of January, 1790, the petition of Hannibal Wil- h. Journal, 

— "^ '~~ liam Dobbyn, of Ireland, was presented to the house, stating P- 142 > 143 - 

Petitions that he desired to become a citizen of the United States, and of 
°bal Wil- making a considerable purchase of the public lands; and praying 
liam Dob- that the secretary of the treasury might be authorized to con- 
tract with him for that purpose. This petition was referred to 
Messrs. Page, Scott, and Partridge. Mr. Page made a report on _ 
this subject on the same day; and, on the 20th, the report was 
laid on the table, and the secretary of the treasury was directed 
to report to the house a uniform system for the disposition of lands 
the property of the United States. It was also, on motion, or- 
dered, " that the state of facts respecting the Western territory, 
reported by a committee of this house the last session, be re- 
ferred to the secretary of the treasury for his information." On 
the 27th, the petition of Dobbyn was also referred to the secre- Id. p. 148. 
And tary. On the 2d of March, a petition was also presented to the Id. p. 166. 
Scri^T h° use fr° m George Scriba, praying to be permitted to purchase 
United States' lands, "not less than two millions, and not ex- 
ceeding four millions, of acres, on the terms therein mentioned," 
which was also referred to the secretary of the treasury; and, on 
the 11th of March, an instruction was sent to the secretary of Id. p. 173. 
the treasury to report on these two petitions. On the 22d of Id. p. 276. 
Secretary July, the secretary transmitted to the house, in obedience to the 
report instructions he had received, his report of a uniform system for 
the disposition of lands the property of the United States, which 
was ordered to lie on the table; and, on the 2Sth, was committed id. p. 283, 
to the committee of the whole house on the state of the Union. 
There was no further action on this subject during this session. 

3d session. On the 15th of December, at the commencement of the third Id. p. 338. 
Secretary's session of this Congress, the House of Representatives ordered the 
mSted? 0m " re P ort ot ~ tne secretary of the treasury to be committed to a com- 
mittee of the whole house on the state of the Union; and, on the 
31st, the committee reported several resolutions, which, on the 
4th of January, were taken up for consideration, amended, and 1791. 
adopted in the following form: — H. Journal* 

Resolu- « Resolved — That it is the opinion of this committee, that it 
greed to^" * s ex P e dient that a general land office be established and opened 
at the seat of government of the United States. 

"That two subordinate land offices be established and opened: 
one in the government north-west of the Ohio, and the other in 
the government south of the Ohio. 
Vol. L— 52 



410 HISTORY OF CONGRESS. 



Chap. IIT. National Revenue— Public Lands. 1791. 



1st congress. "That all contracts for the sale of lands above the quantity 

— of acres, shall be exclusively made at the general land 

Resolu- ^ik«« 
tions of 0ffice ' 
house. "That no land shall be sold, except such in respect to which 

the titles of the Indian tribes shall have been previously extin- 
guished. 

" That the seven ranges already surveyed, be sold in lots as 
laid out. 

" That any quantities may be sold by special contract, com- 
prehended either within natural boundaries or lines, or both; but 
no survey shall, in any case, be made on a river, but in the pro- 
portion of chains back from such river for every chain 

along the bank thereof. 

" That the price shall be thirty cents per acre. 

" That warrants for military services be put on the same foot- 
ing with warrants issuing from the land office; and that the ex- 
clusive right of locating the same, in districts set apart for the 
army, cease, after the day of . * 

" That no credit shall be given for any quantity less than a 
township of six miles square, nor more than two years' credit 
for any quantity. 

" That in every instance of credit, at least one-quarter part of h. Journal. 
the consideration shall be paid down, and security, other than I 5, S48, 
the land itself, shall be required for the residue; and that no title 
shall be given for any tract or part of a purchase, beyond the 
quantity for which the consideration shall be actually paid. 

" That the of each subordinate office shall have the 

management of all sales, and the issuing of warrants for all loca- 
tions in the tracts to be set apart for the accommodation of indi- 
vidual settlers, subject to the superintendency of the of 

the general land office, who may also commit to them the ma- 
nagement of any other sales or locations, which it may be found 
expedient to place under their direction. 

" That preference be given, for a limited time, to those actual 
settlers, whose titles are not secured by the former governments 
of that country, and the existing ordinances and acts of Con- 
gress. 

" That there shall be a surveyor general, who shall have pow- 
er to appoint a deputy surveyor general in each of the Western 
governments, and a competent number of deputy surveyors, to 
execute, in person, all warrants to them directed by the surveyor 
general, or the deputy surveyor generals, within certain dis- 
tricts, to be assigned to them respectively. That the surveyor 



HISTORY OF CONGRESS. 41 1 



CHAP. HI. National Revenue— Public Lands. 1791. 



lstcongress. general shall also have in charge all the duties committed to the 

~ geographer general, by the several resolutions of Congress, 
tions of" " That all warrants issued at the general land office shall be 

house. signed by , and shall be directed to the surveyor general. 

That all warrants issued at a subordinate office, shall be signed 

by , and shall be directed to the deputy surveyor general 

within the government. That the priority of locations upon 
warrants shall be determined by the times of the applications to 
the deputy surveyors; and in case of two applications for the 
same land at one time, the priority may be determined by lot. 

" That the treasurer of the United States shall be the receiver 
of all payments for sales made at the general land office, and may 
also receive deposites of money for purchases intended to be 
made at the subordinate offices; his receipt or certificate for which 
shall be received in payment at these offices. 

il That the secretary of each of the Western governments shall 
be the receiver of all payments arising from sales at the office of 
such governments. 

" That controversies concerning rights to patents, or grants of 

land, shall be determined by the of that office, under 

whose immediate direction or jurisdiction, the locations, in re- 
spect to which they may arise, shall have been made. 

"That the of the general land office, surveyor gene- 
ral, deputy surveyor general, and the of the land office, 

in each of the Western governments, shall not purchase, nor shall 
others purchase for them, in trust, any public lands. 

" That the secretaries of the Western governments shall give 
security for the faithful execution of their duty, as receivers of 
the land office. 

" That all patents shall be signed by the President of the United 
States, and shall be recorded in the office of the secretary of 
state. 

" That all officers, acting under the laws establishing the land 
office, shall make oath or affirmation faithfully to discharge their 
respective duties, previously to their entering upon the execution 
thereof. 

" That all surveys of lands shall be at the expense of the pur- 
chasers or grantees. 

"That the fees shall not exceed certain rates, to be specified 
in the law, affording equitable compensations for the services of 
surveyors, and establishing reasonable and customary charges for 
patents, and other office papers, for the benefit of the United h. Journal, 
States. P- 349. 



412 HISTORY OF CONGRESS. 



CHAP. III. National Revenue— Public Lands. 1791. 



istcongress. "That the of the general land office shall, as soon as 

3d Session. ° 7 

may be, from time to time, cause all the rules and regulations, 
tioniTof" wm ch they may establish, to be published in one gazette, at least, 
house. in each state, and in each of the Western governments where 

there is a gazette, for the information of the citizens of the United 

States." 

It was then ordered that a bill, or bills, be brought in, pursu- 
ant to these resolutions, and that Messrs. White, Scott, and 
Bloodworth, prepare and bring in the same. 
Bill toes- On the 14lh of January, Mr. White, from the committee, pre- h. Journal, 
tablish of- sented a bill to establish offices for the purpose of granting lands P* 354 - 
within the territories of the United States, which was then read 
the first and second time, and committed to the committee of the 
whole house. The committee had this bill under consideration, 
on the 10th and 11th of February, when they reported several id.374,375. 
amendments, which were discussed in the house, on the 12th, ' ' ° 79 ' 
14th, and 15th, when the bill was further amended, after the re- 
port of the committee had been agreed to. 

It was then moved to amend the bill, by adding to the end of 
the second section, the following proviso: — 

" Provided, always — That any purchaser of lands, when the 
payment thereof shall be due, may proffer in payment any of the 
certificates of the funded debt of the United States, at the same 
rates as the treasurer shall have allowed for such certificates, re- 
spectively, in the last purchase which he shall have made thereof, 
prior to such payment." 

Passed by And the question being taken on this motion, it was decided in id. p. 380. 
tfouse. the affirmative, by the following vote: — 

Ayes — Messrs. Ames, Ashe, Baldwin, Bloodworth, Boudinot, B. 
Bourne, Burke, Cadwalader, Carroll, Fitzsimons, Gale, Gerry, 
Gilman, Goodhue, Griffin, Giles, Hathorn, Heister, Jackson, Lee, 
Livermore, Madison, jr., Mathews, Moore, Sevier, Sherman, Sin- 
nickson, Smith, of Maryland, Sumpter, Thatcher, Tucker, 
White, Williamson, Wynkoop.— 34. 

Noes — Messrs. Benson, Brown, Clymer, Contee, Floyd, Foster, 
Hartley, Huntington, Lawrance, Leonard, Muhlenberg, Par- 
tridge, Van Rensselaer, Scott, Sedgwick, Seney, Silvester, Smith, 
of South Carolina, Stone, Trumbull, Vining. — 21. 

The bill was then ordered to be engrossed for the third read- Id. p. 381, 
ing; and, on the 16tti, the blanks having been filled up, the bill 
was read the third time, and passed. 



HISTORY OF CONGRESS. 413 



CflAP. IIT. National Revenue— Public Lands. 1791. 



1st congress. The bill was read the first time in the Senate, on the 16th; S. Journal, 

3d Session. D 97Y) 077 

and on the 21st, the second reading being under consideration, p ' ' 

the bill was referred to Messrs. Strong, Ellsworth, Foster, King, 
and Monroe, " to consider and report what is proper to be done 
thereon." Mr. Strong, on the 26th, reported " that the further id. p. 289. 
consideration of this bill be postponed, until the next session of 

Postponed Congress." It was then moved, and agreed to, to postpone the id. p. 294, 
report of the committee, and resume the second reading of the 
bill, and, after some debate, the bill was recommitted. On the 
1st of March, a second report was made by Mr. Strong, when 
the Senate adopted the following resolution : — 

" Resolved, by the Senate and House of Representatives of the 
United States of America, in Congress assembled — That the Presi- 
dent of the United States be, and he hereby is, requested to 
cause a return to be made to Congress, at their next session, of 
the quantity and situation of the lands not claimed by the In- 
dians, nor granted to, nor claimed by any of the citizens of the 
United States, within the territory ceded to the United States, 
by the state of North Carolina, and within the territory of the 
United States, north-west of the river Ohio." 

It was then ordered that the concurrence of the House of Re- 
presentatives in this resolution be requested ; and the further 
consideration of the present bill be postponed until the next ses- 
sion of Congress. 

On the 2d of March, the House of Representatives concurred h. Journal, 
in the above resolution, after amending it, by striking out the P* 40 °* 
words " a return to be made to," and inserting in lieu thereof, 
the words " an estimate to be laid before." On the 3d of March, s. Journal, 
the Senate acquiesced in this amendment to the resolution. P- 306 * 



2<i congress. a reply to this resolution is contained in the following message 1792. 
from the President of the United States, transmitted to the two s. journal, 
houses of Congress, on the 10th of November, 1791, being the p-339. 
first session of the second Congress, and in the report of the se- H - Journal, 

. . P' 45^. 

cretary of state accompanying it. 

66 Gentlemen of the Senate, and of the House of Repre- 
sentatives: — 

" The resolution passed at the last session of Congress, re- 
questing the President of the United States to cause an estimate 
to be laid before Congress, at their next session, of the quantity 



414 HISTORY OF CONGRESS. 



CHAP.III. National Revenue— Public Lands. 1792. 



2d congress. an d situation of the lands not claimed by the Indians, nor grant- 

1st Session 

" ed to, nor claimed by, any of the citizens of the United States, 

within the territory ceded to the United States by the state of 
North Carolina, and within the territory of the United States, 
north-west of the river Ohio, has been referred to the secretary 
of state, a copy of whose report on that subject, I now lay be- 
fore you, together with the copy of a letter accompanying it. 

" G. Washington." 
" United States, November 10, 1791. 



ist congress. On the subject of the cession of lands by the state of North 1790. 

— Carolina, referred to in the above resolution, the following legis- 
lative proceedings took place at the second session of this Con- 
gress. On the 1st of February, 1790, the following message 
from the President of the United States, was communicated to 
the two houses of Congress: — 

" United States, February 1, 1790. 

" Gentlemen of the Senate, and House of Representatives: — 
Message of " I have received from his Excellency Alexander Martin, go- H. Journal, 

President or f th gtate f North Carolina, an act of the General As- I' \ 56 ' A '. 

with re- 7 S. Journal, 

gardtoces- sembly of that state, entitled c An act for the purpose of ceding p. no. 

lands b to ^ e United States of America, certain western lands therein 
North Ca- described,' and have directed my secretary to lay a copy of the 
rolma. same before you, together with a copy of a letter accompanying 
the said act, from his Excellency Governor Martin to the Presi- 
dent of the United States. 

" The originals of the foregoing act and letter will be depo- 
sited in the office of the secretary of state. 

"George Washington. " 

In the Senate this communication was referred to Messrs. Id. p. 114, 
Henry, Izard, Ellsworth, Bassett, and Few. On the 17th, Mr. 5 * 

Report of Henry, from this committee, made a report, the consideration 
c °^™^ e of which was assigned for the morrow; but it was not taken up 
until the 22d, when it was agreed to as follows: — 

[Report. " That it will be expedient for Congress, on behalf of the 
United States, to accept of the cession proposed by the said act, 
upon the conditions therein contained; and that, when a deed 
shall be executed for the same, they express their acceptance 
thereof by a legislative act." 

On the day when the message of the President was received, id. p. 109, 
Mr. Johnston and Mr. Hawkins, the senators from North Caro- 110, 



HISTORY OF CONGRESS. 415 



Chap. HI. National Revenue— Public Lands. 1790. 



1st congress, lina, laid before the Senate an exemplified copy of the act of the 

2d Session. - -».-r , « -■• .-,■,* r- i /» 

state of North Carolina, entitled " An act for the purpose ol 

ceding to the United States of America, certain western lands 
therein described." On the 23d, Messrs. Ellsworth, Strong, 
and Izard, were appointed a committee to bring in a bill for de- 
claring the acceptance of certain lands ceded to the United States, 
by the legislature of North Carolina, as described in their act of 
cession, when a deed thereof shall be executed." On the 3d of s. journal, 
March, Mr. Ellsworth reported a bill " to accept a cession of the P-H5.117. 
claims of the state of North Carolina to a certain district of west- 
ern territory," which was then read the first time, and was 

Bill passed read the second time on the 4th, and the third time on the day id. p. 118. 

in Senate, following. In the House of Representatives, the bill was read h. Journal, 
the first time on the 5th, and had the second reading, and was P* 169, 
committed, on the 8th. On the 26th, the bill was considered in 
committee of the whole, and reported with an amendment, which 

And In the was agreed to by the House; and on the 29th the bill was read id. p. 183. 

House. the third time and passed, with the following amendment: — " In 

the first line, strike out the words 6 the honourable. 5 " The Se- s. Journal, 

nate, on the same day, agreed to the amendment of the House, P- 125 - 

with an amendment, which was afterwards concurred in by the 

House. 

Bill pro- On the 5th of August, the House of Representatives adopted h. Journal, 

viding for a reso lution, " That a surveyor-general for the United States P- 291 ' 

a surveyor ' . 

general. be appointed, who shall forthwith proceed to the completion of 

the surveys of all lands heretofore sold under the authority of 

the late Congress; and Messrs. Smith, of South Carolina, Page, id. p. 292. 

and White, were appointed a committee to prepare and bring in 

a bill or bills to that effect. On the 6th, Mr. Smith introduced id, p. 293, 

a bill, according to the instruction, which was then read the first 

time, and was read the second time on the 7th, when a motion 

for its third reading was negatived, and, consequently, the bill 

Rejected, was rejected. 



2d congress. In reference to the cession made by North Carolina, there ap- 1792; 
— - pears to have been a subsequent proceeding during the second 



session of the second Congress, which it may be convenient to 
introduce here. On the 28th of November, 1792, the House of 
Representatives adopted the following resolution: — 

Resolution " Resolved, That the President of the United States be re- h. Journal, 

as to north- q Ues t e d and authorized, with the concurrence of the states of Vir- P- 629, 
ern bound- ^ ' 

ary of the ginia and Kentucky, to cause the line to be extended from the 



416 HISTORY OF CONGRESS. 



CHAP. III. National Revenue— Public Lands. 1792. 



North Ca- 
rolina ces 



2d congress, western termination of the line, formerly run by Fry and Jef- 

2d Session. , - _ T . . . , 

ferson, on the part ot Virginia, and by other surveyors on the 
part of North Carolina, by a surveyor of sufficient abilities, in 
sion. the proper latitude, whereby the northern boundary of the ter- 

ritory ceded to the United States by the state of North Carolina, 
may be determined; and that Congress will provide for the ne- 
cessary expense attending the same." 



Bill to de- It was then ordered, that Messrs. Boudinot, Williamson, and H. Journal, 
termme Page, be a committee to prepare and bring in a bill pursuant to p ' ■' 
this resolution. And on the 3d of December, Mr. Boudinot, 
from this committee, presented a bill for determining the north- 
ern boundary of the territory ceded to the United States by the 
state of North Carolina, which was read the first time, and re- 
ceived its second reading, and was committed, on the following 
day. On the 17th of January, 1793, the bill was considered in Id, p. 674, 
committee of the whole and reported with an amendment, which 
was agreed to by the House, and the bill was ordered to be en- 
grossed for the third reading; and on the 18th the bill was read 

Billpassed the third time and passed. In the Senate, the bill was read s. Journal, 
by House. the firgt time on the 18th> and? on the next day? wag rea( j the p.472,473. 

second time, and referred to Messrs. Rutherford, Hawkins, and 
Strong, with an instruction to consider the subject generally, 
and report thereon. And, on the 8th of February, Mr. Ruther- 
ford made a report from this committee, and the second read- 
Rejected ing being then resumed, it was resolved that this bill do not pass. id. p. 482, 
£>y Senate. g t h e bill was rejected. 



1st congress. Qiv the 23d of July, 1789, the House of Representatives 1789. 



1st 



adopted the following resolution :— 



Lands re- " Resolved — That a committee be appointed to examine into h. Journal, 

served by ^e measures taken by Congress and the state of Virginia, re- P- 65 - 

Virginia J ° ° 

for officers specting the lands reserved for the use of the officers and soldiers 

ana sol- f ^h e g^ s t a { e j n continental and state establishments, in the 

diers. . 

cession made by the said state to the United States of the ter- 
ritory north-west of the river Ohio, and to report the same to 
this house ; and that Mr. White, Mr. Peter Muhlenberg, and 
Mr. Seney, be of the said committee." On the 31st, Mr. White, Id. p. 69, 
Report of from this committee, presented a report, which was ordered to 

committee. y ie on tne table. And, on the 18th of September, the house pro- 
ceeded to consider this report, and then ordered that its further 
consideration be postponed until the next session of Congress. id. p. 114. 



HISTORY OF CONGRESS. 417 



Chap. III. National Revenue— Public Lands. 1790. 



irtcongress. At the next session, on the 28th of January, 1790, a resolution H. Journal, 

2d Session. * • i D 149 150 

was adopted by the House of Representatives in precisely the p ' ' 

same words, and the same gentlemen were again appointed a 

committee on the subject. And on the 1st of February, Mr. 

Second re- White again made a report, which was ordered to lie on the la- 

port * ble. This report was, on the 30th of April, committed to the 

committee of the whole house, on the state of the Union. On id. p. 207. 
the 28th of June, the committee reported a resolution, which 
was agreed to by the house, as follows : — 

Resolution. " Resolved — That the resolution of Congress of the 17th of Id. p. 252. 
July, 1788, respecting the lands reserved for the Virginia troops, 
on continental and state establishments, pursuant to the cession 
made by the said state to the United States, of the territory 
north-west of the river Ohio, ought to be repealed." 

It was then ordered that the said resolution be referred to 
Messrs. Brown, Boudinot, White, Huntington, and Benson, with 
Bill. instruction to prepare and bring in a bill or bills for carrying 
into effect the reservations contained in the deed of cession made 
by the state of Virginia to the United States, of the territory 
north-west of the river Ohio. Mr. Brown, from this committee, 
on the 15th of July, introduced a bill to enable the officers and 
soldiers of the Virginia line on continental establishment, to ob- 
tain titles to certain lands lying north-west of the river Ohio, be- id. p. 270, 
tween the Little Miami and Sciota, which was read the first 271, 
and second time, and committed to a committee of the whole 
house. The bill was considered in committee of the whole on 
the 19th, and being reported without amendment, was ordered 
Passed by to be engrossed. And on the 20th, it was read the third time, ia. p. 273, 
House. an( j passed. On the same day, this bill received its first reading 2 ^ 4 - 

in the Senate, and was read the second time on the 21st, when s. Journal, 

it was committed to Messrs. Lee, Strong, and Ellsworth. Mr. P- 18fi — 

190. 194. 
Lee, on the 22d, reported the bill without amendment. On the 

24th and 27th, the bill was debated, and postponed, and on the 

28th was recommitted. On the 3d of August, the Senate agreed 

to expunge the second, third, and fourth sections; and, thus 

amended, the bill was ordered to the third reading. It was 

moved on the 6th, to substitute the following paragraphs for the 

three sections which had been stricken out : — 

Amend- " And whereas the agents for such of the troops of the state id. p. 200, 
Senate by °^ Vir S inia ' who served in the continental establishment, or the 201 - 
army of the United States, during the late war, have reported 
to the executive of the said state, that there is not a sufficiency 
Vol. I.— 53 



418 HISTORY OF CONGRESS. 



CHAP. III. National Revenue— Public Lands. 1790. 



1st congress, of good land on the south-easterly side of the river Ohio, and 

2d Session 

— within the limits assigned by the laws of the said state, to satisfy 

Amerid.- ^ e sa ^ troops for the bounty lands due to them, in conformity 

Senate. to the said laws: To the intent, therefore, that the difference 
between what has already been located for the said troops, on 
the south-easterly side of the said river, and the aggregate of 
which is due to the whole of the said troops, may be located on 
the north-westerly side of the said river, and between the Scio- 
ta and Little Miami rivers, as stipulated by the said state. 

" Sect. II. Be it further enacted — That the secretary of the 
department of war shall make return to the executive of the state 
of Virginia, of the names of such of the officers, non-commissioned 
officers, and privates of the line, of the said state, who served in 
the army of the United States, on the continental establishment, 
during the late war; and, also, in conformity to the laws of the 
said state, are entitled to bounty lands; and shall, also, in such 
return, state the aggregate amount in acres, due to the said line 
by the terms aforesaid. 

" Sect. III. Jind be it further enacted — That it shall, and 
may be lawful for the said agents to locate, to and for the use of 
the said troops, between the rivers Sciota and Little Miami, 
such a number of acres of good land as shall, together with the 
number already located between the said two rivers, and the 
number already located on the south-easterly side of the river 
Ohio, be equal to the aggregate amount, so to be returned as 
aforesaid by the secretary for the department of war. 

" Sect. IV. Be it further enacted — That the said agents, as 
soon as may be after the locations, surveys, and allotments are 
made and completed, shall enter, in regular order, in a book, to 
be by them provided for that purpose, the bounds of each loca- 
tion and survey between the said two rivers, annexing the name 
of the officer, non-commissioned officer, or private, originally 
entitled to each; which entries being certified by the said agents, 
or the majority of them, to be true entries, the book containing 
the same shall be filed in the office of the secretary of state. 

" Sect. V. Jjtnd be it further enacted — That it shall be law- s. Journal, 
ful for the President of the United States to cause letters patent P* 201 - 
to be made out, in such words and form as he shall devise and 
direct, granting to such person, so originally entitled to bounty 
lands, to his use, and to the use of his heirs or assigns, or his 
other legal representative or representatives, his, her, or their 
heirs or assigns, the lands designated in the said entries: Pro- 
vided^ always — That before the seal of the United States shall 



HISTORY OF CONGRESS. 419 



CHAP. III. National Revenue— Public Lands. 1790. 



1st congress. De affixed to such letters patent, the secretary for the department 

2d Session. l 7 J * 

' of war shall have endorsed thereon, that the grantee therein 

ments^by named was originally entitled to such bounty lands, and that he 
Senate. has examined the bounds thereof with the book of entries filed 
in the office of the secretary of state, and finds the same truly 
inserted; and every such letters patent shall be countersigned by 
the secretary of state, and a minute of the date thereof, and the 
name of the grantee, shall be entered of record in his office, in a 
book to be specially provided for the purpose. 

" Sect. VI. And be it further enacted — That it shall be the 
duty of the secretary of state, as soon as may be after the letters 
patent shall be so completed, and entered of record, to transmit 
the same to the executive of the state of Virginia, to be by him 
delivered to each grantee: or, in case of his death, or that the 
right of the grantee shall have been legally transferred before 
such delivery, then to his legal representative or representatives, 
or to one of them. 

" Sect. VII. And be it further enacted — That no fees shall 
be charged for such letters patent and record, to the grantees, 
their heirs or assigns, or to his or their legal representative or 
representatives." 

Amended The bill was again taken up for consideration on the 7th of s. Journal, 
andpassed. August, when the report of the committee was agreed to, amend- P* 203# 
ed as follows: After the word " Ohio," 4th line, insert, " accord- 
ing to the act of cession from the said state to the United States." 
And the bill, thus amended, was passed. On the same day, the h. Journal, 
House of Representatives agreed to the amendments of the Se- P* 293# 
nate. 

3d session. On the 17th of January, 1791, the subject of the bounty lands 1791. 
Message of lo tne Virginia line was again brought before this Congress at s. Journal, 
President their third session, by a communication from the President of P- 233 « 
Virginia 1 the United States, enclosing " a copy of two resolutions of the H . Journal, 
line. legislature of Virginia, and of a petition of sundry officers, and p. 355. 

assignees of officers and soldiers of the Virginia line, on conti- 
nental establishment, on the subject of bounty lands allotted to 
them on the north-west side of the Ohio." 



2d congress. On tne 3a< °f November, it was ordered by the House of Re- h. Journal, 
ist session. p resen t a tives, soon after the meeting of the second Congress, P- 44r ' 

Message tnat so much of the message of the President as is above quoted, 
referred, together with all previous proceedings of Congress, or the legis- 



420 HISTORY OF CONGRESS. 



CHAP. III. National Revenue— Public Lands. 1791. 



2d congress, lature of the state of Virginia, and all papers relative thereto, 

1st Session. ': . 

be referred to a committee, consisting of Messrs. Giles, Clarke, 

and Livermore, with instruction to examine the matter thereof, 
and report the same, with their opinion thereupon, to the house. 
But there does not appear to have been any subsequent action 
of Congress on this subject during the legislative period which 
is embraced within this volume, with the exception of a move- 
ment by Mr. Monroe, in the Senate, of which the following is 
a brief account. 

2d session. On the 21st of January, 1793, nearly at the close of the se- 1793. 



Mr. Mon- cond Congress, Mr. Monroe gave notice that he should, on the s> journal, 
roe's bill. m0 rrow, move for leave to bring in a bill to explain and amend P- 4T3. 
an act, entitled " An act to enable the officers and soldiers of the 
Virginia line, on continental establishment, to obtain titles to 
certain lands lying north-west of the river Ohio, between the 
Little Miami and Sciota." Mr. Monroe introduced his bill on 
the 31st of January, when it was read the first time, and ordered id. p. 477. 
to the second reading; and, on the following day, it was read the 
second time, and committed to Messrs. Read, Sherman, and 
Monroe. Mr. Monroe, on the 25th of February, reported, that 
Postponed, the further consideration thereof be postponed until the next id. p, 494. 
session of Congress; and this report was agreed to. 



2d congress. At the commencement of the second Congress, the President, 1791. 
ist session. j- Q n ^ g p en i n g message, thus adverts to the subject of the public ~ 
lands: — 
Sug-ges- "A provision for the sale of the vacant lands of the United s. Journal, 
tionof Pre- States, is particularly urged, among other reasons, by the import- P- 327 '- 
vacant ant considerations, that they are pledged as a fund for reimbursing h. Journal, 
lands. th e public debt; that, if timely and judiciously applied, they may P* 438, 
save the necessity of burdening our citizens with new taxes for 
the extinguishment of the principal; and that, being free to dis- 
charge the principal, but in a limited proportion, no opportunity 
ought to be lost for availing the public of its right." 

Committee On ^ ne lst °f November, this part of the message was referred id. p. 445, 
to prepare to Messrs. Williamson, Boudinot, and White, with instructions 446# 
to prepare and bring in a bill, or bills, pursuant thereto. Mr. Wil- 
liamson, from this committee, on the 21st of April, 1792, pre- 
sented a bill for the sale of lands in the territory of the United 
States, north-west of the river Ohio; which was then read the 
first time, and, on the next day, was read the second time, and 



HISTORY OF CONGRESS. 421 



Chap. III. National Revenue— Public Lands. 1791. 



2d congress, committed to a committee of the whole house. This bill was 

1st Session. 

not further acted on. 
Senate In the Senate, Messrs. King, Foster, Monroe, Strong, and But- S. Journal, 
s ' ler, were, on the 1st of November, 1792, appointed a committee p * 335, 
to report a bill for establishing offices for the purpose of granting 
lands within the territories of the United States. But this com- 
mittee made no report on the subject. 



isteongresa. The following message from the President of the United 1790-91. 

0(1 &6SS10D.. 

States was transmitted to the two houses of Congress, on the 23d 

of December, 1790: — 

" United States, December 23d, 1790. 

" Gentlemen of the Senate, and House of Representatives: — 

Message of "It appearing, by the report of the secretary of the govern- h. Journal, 

President men f. n0 rth-west of the Ohio, that there are certain cases respect- P- 342 * 

concerning* m 7 r 

North- ing grants of land within that territory, which require the inter- s. Journal, 

iS 6 ™ ference of th e legislature of the United States, I have directed a P* 226 * 
copy of said report, and the papers therein referred to, to be 
laid before you, together with a copy of the report of the secre- 
tary of state, upon the same subject. 

"George Washington." 

On the 31st, the Senate ordered that Messrs. Strong, Ells- Id. p. 227. 
worth, and Maclay, be a committee to take this message into 
consideration, with the papers referred to,, and report what is pro- 
per to be done thereon; and, on the 7th of January, 1791, Mr. id.p. 231.- 
Strong, from this committee, reported a bill for granting lands to 
the inhabitants and settlers at Vincennes, and the Illinois coun- 
try, in the territory north-west of the Ohio, and for confirming 
them in their possessions. This bill received its first reading on 
that day, and, on the 10th, was read the second time, and order- Id. p. 232. 
ed to the third reading. The bill was passed on the following 
day. In the House of Representatives the bill was read the first H. Journal, 
time on the 11th, and received the second reading, and was com- P- 352 - 
mitted to a committee of the whole house, on the next day. On 
the 26th of February, the committee of the whole was discharged id. p. 394. 
from further considering this bill, and it was referred to Messrs. 
White, Carroll, and Brown. On the 2d of March, the bill was Id. p. 404, 
passed with amendments. 

The bill, as it was sent from the Senate, is as follows:— 



422 HISTORY OF CONGRESS. 



Chap. III. National Revenue— Public Lands. 1791. 



1st congress. " Section 1. Be it enacted, by the Senate and House of Repre- S. Journal, 

3d Session. . _ _._ m r» 909 9m 

~ sentahves of the United States of America, in Congress assembled — P"^> JiKJO - 

paSed^the That four hundred acres of land be given to each of those per- 
Senate. sons, who, in the year one thousand seven hundred and eighty- 
three, were heads of families at Vincennes, or in the Illinois 
country, on the Mississippi, and who, since that time, have re- 
moved from one of the said places to the other; and the governor 
of the territory north-west of the Ohio, is hereby directed to 
cause the same to be laid out for them, at their own expense, 
either at Vincennes, or in the Illinois country, as they shall se- 
verally elect. 

" Sect. 2. Jlnd be it further enacted and declared — That the 
heads of families at Vincennes, in the year one thousand seven 
hundred and eighty-three, who afterwards removed without the 
limits of the said territory, are, notwithstanding, entitled to the 
donation of four hundred acres of land, made by the resolve of 
Congress, of the twenty-ninth of August, one thousand seven 
hundred and eighty-eight. 

" Sect. 3. And be it further enacted — That one hundred and 
fifty acres of land heretofore in possession of the Piankeshaw 
Indians, and now under actual improvement, and constituting a 
part of the village of Vincennes, be given to the persons who are 
severally in possession of the said land. 

" Sect. 4. And be it further enacted — That where lands have 
been actually improved and cultivated at Vincennes, or in the 
Illinois country, under a supposed grant of the same by any 
commandant or court claiming authority to make such grant, 
the governor of the said territory be, and he hereby is, empow- 
ered to confirm to the persons who made such improvements, 
their heirs or assigns, the lands supposed to have been granted as 
aforesaid, or such parts thereof as he in his discretion may judge 
reasonable, not exceeding, to any one person, four hundred acres. 

" Sect. 5. And be it further enacted — That a tract of land, con- 
taining about five thousand four hundred acres, which, for many 
years, has been fenced and used by the inhabitants of Vin- 
cennes as a common, be, and the same is, hereby confirmed to 
the said inhabitants, to be used as a common, until a division there- 
of in severalty among the said inhabitants shall be decreed by law. 

" Sect. 6. And be it further enacted — That the governor of the 
said territory be authorized to make a grant of land, not ex- 
ceeding one hundred acres to each person, who hath not ob- 
tained any donation of land from the United States, and who, 
on the first day of August, one thousand seven hundred and 



HISTORY OF CONGRESS. 433 



Chap. III. National Revenue— Public Lands. 1791. 



1st congress. n i ne ty_ was enrolled in the militia of Vincennes, and has done 

3<1 Session. J 7 ' 

T militia duty : the said land to be laid out at the expense of the 
passed the grantees, and in such form and place as the said governor shall 

Senate. direct." 

The amendments of the House of Representatives to this bill 
are these: — 
Amend- " Sect. 2, line 2. After the word ' Vincennes,' add * or in the II- 

ments of i» • , , 

the House, Imois country/ 

" Line 5. After the word * eight,' add, 'and the governor of the 
said territory, upon application to him for that purpose, is here- 
by directed to cause the same to be laid out for such heads of 
families, or their heirs, and shall also cause to be laid off and 
confirmed to such persons the several tracts of land which they 
may have possessed, and which, before the year one thousand 
seven hundred and eighty-three, may have been allotted to 
them, according to the laws and usages of the government under 
which they had respectively settled : Provided, nevertheless, That 
if such persons, or their heirs, do not return and occupy the said 
land within five years, such lands shall be considered as forfeited 
to the United States. 

" Sect. 5, line 3. After the word ' common/ insert * also a tract 
of land including the villages of Chohos and Prairie du Pont, and 
heretofore used by the inhabitants of the said villages as a com- 
mon.' 

" Same line, after the word ' same,' strike out to the end of 
the clause, and add, \ are hereby appropriated to the use of the 
inhabitants of Vincennes and of the said villages, respectively, 
to be used by them as a common, until otherwise disposed of by 
law. 

" Sect. 6, line 5. After the word ' Vincennes,' insert * or in the 
Illinois country,' and to the end of the same line add, ' Provided, 
nevertheless, That no claim founded upon purchase or otherwise, 
shall be admitted within a tract of land heretofore occupied by 
the Kaskaskia nation of Indians, and including their village, 
which is hereby appropriated to the use of the said Indians.' 

" To the end of the bill add, 

" Sect. 7. And be it further enacted — That two lots of land, 
heretofore in the occupation of the priests at Cahokia, and 
planted near that village, be, and the same is, hereby granted, 
in fee, to P. Gibault ; and that a tract of land at Kaskaskia, for- 
merly occupied by the Jesuits, be laid off and confirmed to St. 
Jerome Beauvais, who claims the same in virtue of a purchase 
thereof. 



4 04 HISTORY OF 



C«AP. IIL ?.•■•..::: J f f: f-I . ; : Li- : ? 



" SecL 8. -4»rf 6e tf further enacted — That so much of the act 
of Congress, of the 28th day of August, one thousand seven hun- 
J dred and eighty-eight, as refers to the locations of certain tracts 
of land, directed to be run out and reserved for donations to the 
ancient settlers, in the Illinois country, be, and the same is. here- 
by repealed ; and the governor of the said territory is directed 
to lay out the same, agreeably to the act of Congress of the 
twentieth day of June, one thousand seven hundred and eighty- 



I: ~:i :;.:: ::ie:e: :v v'.e Ser.r.r. .'. :: ::;;== ^..izi~z:.\? :e = ": 
referred to the committee who were originally appointed to P- ^^ 
bring in the bilL 

Mr. Strong, from this committee, made a report on the 3d, H. JounnJ, 
and the Senate then determined to concur in the amendments of P* 404> 
the House of Representatives, with an amendment to the amend- 
ment proposed in the sixth section; to wit: u Insert the proviso 
at the end of the sixth section. " The House of Representatives, 
on the same day, agreed to this amendment 



(hs the 11th of November, 1791, the President of the United 1791.92. 
States transmitted to the two houses, a message, containing the ~ 
following paragraph : — 

•• S-j-frj ~'-~^t re'r.ir.g :: *.:'-■= ;:r::::sf. :r Jjd^r Sr — r.e«. = ; --__ 
of the lands on the Great Miami, having been communicated to P- S4Q. 
s me, I have thought it proper to lay the same before you, for a joarmL 
your information on that subject" p. 453. 

It was then ordered, that the papers relating to the Miami 
the purchase be referred to the committee appointed to prepare a 
T^ted bill to establish offices, for the purpose of granting lands within 
the territories of the United States. To the same committee was 
also referred, on the 2d of December, the memorial and peti- 
tion of the Society of United Brethren for propagating the gos- 
pel among the heathen, praying that the resolve of Congress of 
the 3d of September, 1788, making a grant of certain lands for ^ p 46 r m 
the benefit of that society, may be confirmed. 

On the 22d of March, 1192. Mr. Williamson, from this com- ia« 543. 

mittee, presented a bill for ascertaining the bounds of a tract of 

land purchased by John Cleves Symmes, which was read the first 

and second time, and committed to a committee of the whole 

The bill was considered in committee of the whole on 






HISTORY OF CONGRESS. 425 



CttAP. HI. National Revenue— Public Lands. 1792. 



2d congress, the 23d, and reported without amendment, and was then ordered H. Journal, 

1st S6SS10H. £ a j~ 

to be engrossed for the third reading; and, on the following day, P* D * a » 
Bill passed, the bill was read the third time and passed. In the Senate, the Id. p. 546. 
bill was read the first time on the 26th of March; and, on the s. Journal, 
27th, received its second reading, and was referred to Messrs. P* 
Strong, Lee, and Read. Mr. Strong, on the 2d of April,, re- id. p. 419. 
ported an amendment to the bill which was agreed to, and the 
bill was then ordered to the third reading. The bill was read 
the third time and passed on the 4th of April. The amendment H. Journal, 
of the Senate was considered by the House of Representatives P* 563, 
on the 5 th, and agreed to. 
Petition On the 12th of April, a petition was presented to the Senate S. Journal, 
g rom mes from John Cleves Symmes, by Jonathan Dayton, his agent, P- 424 ' 
for indul- praying to have the same indulgences extended to him and his 
associates, as are granted, or about to be granted, to the Ohio 
Company, in respect to their future payments for lands pur- 
chased of the United States; which petition was laid on the 
table. 
Bill to au- A committee was appointed by the House of Representatives h. Journal, 
thorize on the 23d of April, consisting of Messrs. Dayton, Tredwell, P- 585> 
ance, and Gilman, to prepare and bring in a bill, or bills, authorizing id. p. 586. 

the grant and conveyance of certain lands to John Cleves 
Symmes and his associates. On the 24th this bill was presented, id. p. 590v 
was read the first and second time, and committed to a commit- 
tee of the whole house. The bill was considered in committee 
on the 26th, when an amendment was reported, which received 
the concurrence of the house; and the bill was then ordered to 
be engrossed for the third reading; and, on the 27th, it was read id. p. 591. 
Passed, the third time and passed. In the Senate, the bill was read the g. journal, 
first time on the 28th; and, on the 30th, on motion, the bill was P- 434 « 
referred to Messrs. Read, King, and Carroll. Mr. Read, on the id. p. 436"; 
2d of May, reported several amendments to the bill, which were 
agreed to; and the bill, by unanimous consent, was then read tbe 
third time and passed, in its amended form. And, on the fol- h. Journal^ 
lowing day, the House acquiesced in these amendments. P* 595, 

Ohio Com- A petition and memorial was, on the 2d of March, presented Ibid, 
pany. from the directors of the Ohio Company of associates, praying id. p. 526V 

Petition, that Congress would grant them such terms and conditions for 
the completion of their contract with the late board of treasury, 
and for confirming their title to the tract of land then purchased, 
as would relieve them from the danger, difficulty, and dis- 
tress in which the said company were involved, from cause* 
Vol. I.— 54 



426 



HISTORY OF CONGRESS. 



Chap. HI. 



Cd Congress. 
Referred. 



Report. 



National Revenue— Public Lands. 



1792. 



Resolu- 
tions of 
House. 



Id. p. 549, 
550. 



which had arisen since the purchase, and which were then wholly H. Journal, 
unforeseen. This petition was referred to Messrs. Sedgwick, P- 53 °- 
Findley, Benson, Learned, and Baldwin. Mr. Sedgwick made Id. p. 543. 
a report from this committee on the Sth, which was committed 
to a committee of the whole house. The subject was taken up 
in committee of the whole on the 22d and 26th, w T hen the fol- 
lowing resolutions were reported by the committee, and agreed 
to by the house: — 

" Resolved — That the title ought to be made to the Ohio Com- 
pany, for so much of the lands on their contracts as they have 
actually paid for. 

" Resolved — That, in addition to the above quantity of land, 
there be also granted to the said Ohio Company, two hundred 
and fourteen thousand two hundred and eighty-five acres, being 
the proportion they were, by a resolve of Congress, authorized 
to pay in army rights, upon their delivering to the secretary of 
the treasury, army rights sufficient for the purpose: and that 
there be also granted to the said company, in addition to the be- 
fore mentioned tracts, one hundred thousand acres, to make good 
one thousand lots of one hundred acres each ; appropriated by 
the said company as bounties to such as might become settlers 
within the said purchase, upon condition, nevertheless, that the 
said company shall make good such bounties, as well to future 
settlers, as to those already settled. 

u Resolved — That a title be made to the said company, for the 
remainder of the one million five hundred thousand acres, con- 
tracted for upon their paying into the treasury of the United 

States, a sum not exceeding cents per acre for the same, 

with interest from the passing an act for that purpose." 



562, 



Committee It was then ordered that Messrs. Sedgwick, Findley, Benson, Id. p 
to prepare L earne d, and Baldwin, prepare and bring in a bill pursuant to 
these resolutions. On the 29th, Mr. Sedgwick presented a bill 
authorizing a grant and conveyance of certain lands to the Ohio id. p 
Company of associates, on the terms therein expressed, which 563 - 
was read the first and second time, and committed to a commit- 
tee of the whole house. On the 4th and 5th of April, the bill id. p. 564. 
was acted on in committee of the whole, and was reported with 
various amendments, which were agreed to by the house, and 
the bill was then ordered to be engrossed for the third reading. 
And on the 6th, the blanks were filled up, and the bill was read 
Passed by the third time and passed. In the Senate, the bill was read the B. Journal, 
House. fa s i aD( j secon d time, on the 6th and 9th, and was referred to P 421 » 422 - 



HISTORY OF CONGRESS. 427 



C&1P. III. National Revenue— Public Lands. 1792. 



in Senate. 



2d congress. Messrs. Rutherford, Gunn, and Sherman. Mr. Rutherford, on 

: — - the 12th, reported several amendments to the bill, which were S. Journal, 

discussed on the 14th and 16th, when, on the question to amend p * 

the bill, as reported, it was decided in the negative. Id. p. 426. 

On the question to agree to the third section of the bill, as 
sent from the house, on the following terms : — 
Amended " Sect. 3. And be it further enacted — That the President be, and 
he hereby is, further authorized and empowered, by letters pa- 
tent as aforesaid, to grant and convey to the said Rufus Putnam, 
Manasseh Cutler, Robert Oliver, and Griffin Greene, and to their 
heirs and assigns, in fee simple, in trust for the uses above ex- 
pressed, a further quantity of one hundred thousand acres of 
land : — Provided, always, nevertheless — That the said grant of one 
hundred thousand acres shall be made on the express condition 
of becoming void, for such part thereof as the said company shall 
not have, within five years from the passing of this act, conveyed 
in fee simple, as a bounty, and free of expense, in tracts of one 
hundred acres, to each male person, not less than eighteen years 
of age, being an actual settler at the time of such convey- 
ance:" — 

It was determined in the affirmative, by the following vote : — id. p. 427. 

Yeas — Messrs. Bradley, Cabot, Foster, Izard, Langdon, Lee, 
Morris, Robinson, Sherman, Stanton, Wingate. — 11. 

Nays — Messrs. Burr, Carroll, Ellsworth, Few, Gunn, Hawkins, 
Henry, Johnston, Monroe, Read, Rutherford. — 11. 

The numbers being equal, the Vice-President decided the ques- 
tion by giving the casting vote in favour of the section. 

It was then agreed to expunge the fifth section, as follows: — 

" Sect. 5. And be it further enacted — That the President shall 
be, and he hereby is, authorized and empowered, to grant and 
convey, as aforesaid, to the said company of associates, in the pro- 
portion of their respective rights and interests, the residue of the 
said one million five hundred thousand acres of land : Provided — 
The said company, or any of them, or of their agents, shall, 
within six years from the passing of this act, pay into the treasury 
of the United States therefor, at the rate of twenty-five cents 
per acre, with the interest thereof: Provided, nevertheless — That 
bounty warrants for land may be received in payment for the 
whole or any part of the said tract, which shall remain after de- 
ducting the reserved lots." , 

The bill was then ordered to the third reading. And on the id. p. 428. 
17th the bill was again taken up for consideration, when it was 



428 HISTORY OF CONGRESS. 



CHAP, HI. National Revenue— Public Lands. 179*2. 



2d congress, moved to amend the second section, so as that the President of 

— — the United States shall be authorized to grant and convey to the 

said Rufus Putnam and others, one other tract of one hundred 
and twenty-five thousand, in lieu of the two hundred and four- 
teen thousand, two hundred and eighty-five acres of land. This 
motion was decided in the negative. 

An unsuccessful motion was then made to expunge the third 
seclion. 

Motions to It was then moved to add the following as an additional sec- 

amend tiom— 

" And he it further enacted — That the terms hereinbefore al- 
lowed to the Ohio Company of associates, so far as the same are 
applicable to, and respect the price of the lands to be granted in 
virtue of the first payment, and the admissibility of army bounty 
rights in discharge thereof, be, and they are, hereby extended to 
John Cleves Symmes, and his associates, the purchasers of a 
tract of land lying upon the Ohio, and between the Miami ri- 
vers : Provided, always, and be it further enacted, that, instead of 
a donation of one hundred thousand acres, as mentioned in the 
third section, not more than sixty-six thousand acres be granted 
to the said John Cleves Symmes, and his associates, for the like 
purposes, and under the like conditions as are therein prescribed 
and required." 

And the question being put, this motion was determined in the 
negative by the following vote : — 

Yeas — Messrs. Burr, Hawkins, Johnston, Monroe. — 4. 

Nays — Messrs. Bradley, Cabot, Carroll, Dickinson, Ellsworth, 
Few, Foster, Henry, Langdon, Lee, Morris, Read, Robinson, 
Sherman, Stanton, Wingate. — 16. 

Bill passed The bill was then passed, as amended; and on the 18th, the h. Journal, 
by Senate. jj ouse f Representatives concurred in the amendments of the P- 581 - 
Senate. 

Contract The following message was transmitted by the President of 1791-92. 
svh h ania nn " the United States to the two Houses of Congress, on the 20th of s . Journa ], ' 
December, 1791. p.357,358. 

« United Slates, December 20, 1791. H. Journal, 

p. 478. 
" Gentlemen of the Senate and of the House of Representatives : — 

President's •« I lay before you the copy of a letter which I have received 

message. f rom the governor of the commonwealth of Pennsylvania, and of 

sundry documents which accompanied it, relative to a contract 

for the purchase of a certain tract of land bounding on Lake 



HISTORY OF CONGRESS. 429 



CHAP. III. National Revenue— Public Lands. 1791-92. 



2d congress. Erie ; together with a copy of a report of the secretary of state 

on the same subject. 

"G. Washington." 

In the House of Representatives, the message and accompa- 
nying papers were referred to Messrs. Madison, Benson, and 
Sedgwick, with instruction to bring in the necessary bill or bills. 
And on the 21st, Mr. Madison presented a bill for carrying into H. Journ 1, 
effect a contract between the United States and the state of P* 479, 
Pennsylvania, which was then read the first time, and, on the fol- 
lowing day, received the second reading, and was committed to 
a committee of the whole house. On the 23d, the bill was id. p. 480, 
considered in committee, reported without amendment, and or- 481 - 
Bill passed dered to the third reading, and, on the 26th, it was read the 
by House, third time and passed# Qn the 26th, 27th, and 28th, this bill s. Journal, 
And Se- went through the various stages in the Senate, and was passed P- 359 > 360 - 
nate " without amendment. 

2d session. In November, 1792, a letter was received by Congress from h. Journal, 

Proposi- Messrs. Hebert and Company, of the city of Paris, stating certain P* 621 * 
Hebertand propositions for the purchase of a quantity of vacant lands, the 
Co.of Paris, property of the United States. The letter was received by the 
Senate, transmitted on the 16th of November to the House of 
Representatives, and, after being read, was laid on the table. 
Survey of On the 27th of November, the speaker laid before the house 
Virginia a j e ^ er f rom fo e g OV ernor of the territory of the United States, 
Petition north-west of the river Ohio, covering a petition of a number of 
from Vin- inhabitants of St. Vincennes, on the Wabash, praying that the 
resurvey of their lands, directed by a late law, may be made at 
the public expense. These documents were referred to Messrs. 
Livermore, Muhlenberg, and Leonard, with an instruction to re- 
port their opinion. On the 14th of December, Mr. Livermore id. p. 628. 
made a report from this committee, which was taken up for con- Id p 549^ 
sideration on the 31st, when the house adopted this resolution: — 657. 

Resolu- « Resolved — That the survey, directed by the resolve of the 
house. l a * e Congress, of the twenty-ninth of August, one thousand se- 
ven hundred and eighty-eight, of the lands ceded by the state of 
Virginia to the United States in the territory north-west of the 
river Ohio, and confirmed to the French and Canadian inhabi- 
tants, and other settlers of the Kaskaskias, St. Vincennes, and 
the neighbouring villages, who, in or before the year one thou- 
sand seven hundred and eighty-three, had settled there, and had 
professed themselves citizens of Virginia, be made at the expense 
of the United States." 



430 HISTORY OF CONGRESS. 



COUP. III. National Revenue— Public Lands. 1793. 



2d congress. It was then ordered that Messrs. Livermore, Muhlenberg, and 

&si0n ' Leonard, prepare and bring in a bill, or bills, in conformity with 

this resolution. On the 7th of January, 1793, Mr. Livermore, 
from this committee, presented a bill to repeal part of a resolu- 
tion of Congress, of the 29th of August, 1788, respecting the in- 
Billread habitants of Port St. Vincents; which was read the first and se- H. Journal, 
cond time, and committed to a committee of the whole house. p ' 663 ' 
On the 5th of February, this bill was considered in committee, 
and reported without amendment. Being then amended in the Id. p. 690. 
Passedby house, it was ordered to be engrossed for the third reading; and, 
House, on t k e 6th, it was read the third time and passed. On the 6th, S. Journal, 
7th, and Sth, the bill had the first and second reading in the Se- ^g 9 
nate, and was referred to Messrs. Rutherford, Brown, and Brad- 
And Se- ley. The bill was reported without amendment on the 12th, id, p. 484. 
nate * and, on the 13th, was read the third time and passed. 

Grant to On the 9th of February, 1793, a petition was presented to the h. Journal, 

inhabitants House of Representatives from the French inhabitants of Galli- P- 69 ~- 

of Gallipo- l 

lis. polis, praying that the title to certain lands in the territory of 

Petitions, the United States, north-west of the river Ohio, which they pur- 
chased from the agent of the Sciota Company, in the year 1790, 
might be confirmed to them. This petition was referred to 
Messrs. Wadsworth, Sedgwick, Findley. White, and Barnwell, 
for examination. Also, on the 11th, the petition of Benjamin id. p. 699. 
Arnaud and Francis Salamire, of Gallipolis, was presented, pray- 
ing that the attention of Congress might be given to the first pe- 
tition. To this petition the same reference was given. On the Id ^03. 
14th, Mr. Wadsworth made a report, which was ordered to lie 
on the table, and, on the 20th, it was taken up for consideration, id. p. 709. 
when the House agreed to the following resolution: — 

Resolution "Resolved — That there be granted to the said petitioners, 
of House, thirty thousand acres of land, to be divided among them in quan- 
tities proportioned to their late purchases of the Sciota Compa- 
ny; and that the further quantity of twenty thousand acres be 
divided equally among such of the said petitioners as are actual 
settlers of the said territory." 

It was then ordered that a bill be brought in, pursuant to this 
resolution, and Messrs. Wadsworth, Sedgwick, Findley, White, 
and Barnwell, were appointed to prepare and bring in the same; 
and, on the 22d, Mr. Wadsworth, from this committee, pre- id. p. ru. 
sented a bill to authorize a grant of land to the French inhabitants 
of Gallipolis, which was read the first and second time, and com- 
mitted to a committee of the whole house. On the 26th, the ij. p . 718. 



HISTORY OF CONGRESS. 431 



Chap. III. National Revenue— Public Lands. 1793. 



m congress, bill was taken up and considered in committee, and several 

2d Session. * 

" amendments were reported, which were agreed to by the 

house, and the bill was then ordered to be engrossed for the H. Journal, 
Billpassed third reading; and, on the 27th, the bill was read the third p ' 
by House. t j me anc j p asse d # i n the Senate, this bill was read the first and s. Journal, 
second time on the same day, and was then committed to Messrs. P* 
Ellsworth, Brown, and Burr, to consider and report thereon. On 
the 2d of March, Mr. Ellsworth made a report from this com- id. p. 504. 
mittee, together with an amendment, which was disagreed to by 
the Senate. It was then moved to postpone the further conside- 
ration of this bill to the next session of Congress; but this mo- 
tion was determined in the negative. It was then moved that 
Rejected the bill pass to the third reading; but this motion being also de- 
by Senate, cided in the negative, the bill was rejected. 

Various were the petitions and memorials presented during 
this period, with a view to the obtainment of portions of the pub- 
lic lands, upon which no legislation ensued. There was also a 
2dCon g ress. petition or memorial presented on the 13th of December, 1791, 1791-92. 
— — — - from James Wilson and others, in behalf of the land companies h. Journal, 
Wilson on of the Illinois and Oubache, praying to be permitted to exhibit P- 472 « 
account of the titles of the companies to certain western lands, heretofore 
Oubache purchased by the said companies, under the sanction of lawful 
land com- authority, and to make proposals for a reasonable compromise, 

which was referred to Messrs. Livermore, Fitzsimons, and Id. p. 558, 
Clarke. From this committee, Mr. Livermore made a report 
on the 3d of April, which was ordered to lie on the table, and 
there was no action on that report during this Congress,. 



432 HISTORY OF CONGRESS. 



Chap. IV. Executive Departments— Officers, &c. 1789. 



1st Congress. 
1st Session. 



CHAPTER IV. 

Creation of Executive Departments — Treasury — War — Foreign Affairs — Salaries 
— Western Territory — Territory South of Ohio — Accounts between United 
States and individual States — Soldiers' Arrearages-^-Foreign Intercourse — Con- 
suls — Mint — Foreign Coins — Treasury Regulations, &c. — Robert Morris — Al- 
leged Violations of Law by Secretary of Treasury — Complaints of Secretary 
concerning Printing of Reports-rr-Fees for Transfer of public Securities. 



Executive The creation of the executive departments was necessarily an H. Journal, 
men?" object of the early solicitude of Congress. Soon after the orga- p> 38 ' 39 * 
nization of the two houses was completed, this subject w r as deli- 
berated upon in the committee of the whole on the state of the 
Union, of the House of Representatives; and, on the 20th of 
May, Mr. Trumbull, the chairman of that committee, reported 
to the house a resolution, which was, on the following day, 
amended, and agreed to, in the following form: — 

(< Resolved — That it is the opinion of this committee, that 
there ought to be established the following executive depart- 
ments; to wit: a department of foreign affairs, at the head of 
which shall be an officer to be called secretary to the United 
States for the department of foreign affairs, removable by the 
President; a treasury department, at the head of which shall be 
an officer to be called secretary to the United States, for the trea- 
sury department, removable by the President; a department of 
war, at the head of which shall be an officer, to be called secre- 
tary to the United States, for the department of war, removable 
by the President." 

Committee ^ was ^ nen ordered that a committee, to consist of eleven 
to prepare members, be appointed to prepare the necessary bills, and Messrs. 
Baldwin, Vining, Livermore, Madison, Benson, Burke, Fitz- 
simons, Boudinot, Wadsworth, Gerry, and Cadwalader, were 
appointed of this committee. 
War and On the 2d of June, Mr. Baldwin, from this committee, pre- id. p. 44- 
foreign af- se nted a bill to establish an executive department, to be de- 
nominated the department of war; and also a bill to establish 
an executive department, to be denominated the department 
of foreign affairs; both of which bills were then read the first 



HISTORY OF CONGRESS. 433 



Chap. IV. Executive Departments— Officers, &c. 1789. 



1st congress, time. On the following; day, they received their second read- 

lst Session. ° J7 J 

ing, and were committed to a committee of the whole house 
for the next Tuesday. On the 4th, Mr. Baldwin presented a H. Journal, 
bill to establish an executive department, to be denominated p ' ' 
Treasury, the Treasury Department, which was read the first time, and re- 
ceived the second reading on the 5th, and was committed for Id. p. 47. 
the following Tuesday. This order was, on the 10th, post- 
poned until the next Tuesday, and on that day, the 16th, the Id. p. 49. 
house resolved itself into a committee of the whole, on the bill es- 
tablishing an executive department, to be denominated the de- 
partment of foreign affairs. The committee were engaged on Id. p. 50, 
this bill during the 17th, 18th, and 19th, when several amend- ' 
ments were reported, which, on the 22d, were taken up for 
consideration by the house, and agreed to. 
Motions in A motion was then made further to amend the bill, by striking 
committee. out ^ e wor ds " in case of vacancy in the said office of secretary 
to the United States, for the department of foreign affairs," in 
the second enacting clause, and inserting, in lieu thereof, the words 
w whenever the said principal officer shall be removed from of- 
fice by the President of the United States, or in any other case 
of vacancy." 
Amend- [There had been a considerable discussion in committee of Leigh's 

the n House! the whole > on the words > in the first clause of the bill > " to be vol"' T%\ 
removable from office by the President of the United States," 450—600. 

which Mr. White moved to strike from the bill. The motion 
was opposed by Mr. Madison, Mr. Vining, Mr. Boudinot, Mr. 
Ames, Mr. Hartley, Mr. Lawrance, Mr. Clymer, Mr. Lee, Mr. 
Silvester, Mr. Scott, Mr. Goodhue, Mr. Baldwin; and was de- 
fended by Mr. Smith, of South Carolina, Mr. Huntington, Mr. 
Sedgwick, Mr. White, Mr. Gerry, Mr. Livermore, Mr. Jack- 
son, Mr. Page, Mr. Sherman, Mr. Stone, Mr. Benson. On the 
motion to strike out the words, it was decided in the negative; 
ayes 20, noes 34. A motion was then made by Mr. Carroll to 
limit the operation of the act, but he withdrew his motion to 
enable Mr. White to move to strike out the clause respecting 
the salary, and this motion was agreed to.] 

The question being taken on the motion before the house, it h. Journal, 
was decided in the affirmative, by the following vote: — p. 50, 51. 

Ayes — Messrs. Ames, Baldwin, Benson, Brown, Burke, Car- 
roll, Clymer, Contee, Fitzsimons, Gilman, Goodhue, Griffin, Hart- 
ley, Heister, Lawrance, Lee, Leonard, Madison, jr., Moore, Muh- 
lenberg, Scott, Sedgwick, Seney, Sinnickson, Smith, of Mary- 
land, Silvester, Thatcher, Trumbull, Vining, Wadsworth. — 30. 
Vol. I.— 55 



434 HISTORY OF CONGRESS. 



Chap. TV. Executive Departments— Officer- 1TS9. 



lstConrreBs. Noes — Messrs. Cadwalader. Coles, Gerrv, Grout. Hathorn, 

1st Session. ««■«"» 

Huntington, Livermore, Mathews, Page, Parker. Partridge, Van 

Amend- Rensselaer, Sherman, Smith, of South Carolina, Sturges. Sump- 

uTHoust ter, Tucker, Whitc-18. 

It was then moved further to amend the bill, by striking out H. Journal, 
the words " to be removable from office by the President of the p ' 51 ' 52, 
United States," in the first enacting clause. This was the mo- 
tion which caused the debate in committee, to which reference 
has been made, and the decision of the committee was now re- 
versed, the question being determined in the affirmative, as fol- 
lows: — 

Ayes — Messrs. Ames, Baldwin, Benson, Brown, Burke, Clymer, 
Coles, Gerry, Goodhue, Griffin, Grout, Hathorn, Huntington, Leo- 
nard, Livermore, Madison, jr., Mathews, Moore, Muhlenberg, 
Page, Parker, Partridge, Van Rensselaer, Scott, Sherman, Sin- 
nickson, Smith, of South Carolina, Sturges, Sumpter, Vining, 
White.— 31. 

Nhea — Messrs. Boudinot, Cadwalader, Carroll, Con tee, Fitzsi- 
mons, Gilman, Hartley, Heister, Lawrance, Lee, Schureman, 
Sedgwick, Seney, Smith, of Maryland, Silvester, Thatcher, 
Trumbull, Tucker, Wadsworth.— 19. 
Read the The bill was then ordered to be engrossed and read a third time. id. p. 52. 

tod time, q q the 24th it received the third reading, and the question being 

then put, on its passage, was determined in the affirmative, as id. p . 52, 
follows:— 53 - 

Ayes — Messrs. Ames. Benson, Boudinot, Brown, Burke, Cad- 
walader, Carroll, Clymer, Contee, Fitzsimons. Gilman, Goodhue, 
Griffin, Hartley, Heister. Huger, Lawrance, Lee, Madison, jr., 
Moore, Muhlenberg, Schureman, Scott, Sedgwick, Seney, Sin- 
nickson, Silvester, Trumbull, Vining. — 20. 

Keek — Messrs. Coles, Gerry, Grout, Hathorn, Huntington, Jack- 
son. Leonard, Livermore, Mathews, Page, Parker, Partridge. Van 
Rensselaer. Sherman, Smith, of Maryland, Smith, of South Ca- 
rolina, Stone, Sturges, Sumpter, Thatcher, Tucker, White. — 22. 
Acted on The ^11 was then sent to the Senate, where it received the s. Journal, 

and amend- first reading on the 25th, but was not taken up for the second P;°' 

nate" 1 Se rea( ^ D g untu * tne 14th of July, when it produced a debate, which 
continued during the 15th, 16th, and 17th. On the last named 
day, it was agreed to expunge, in the first line, the words " Con- 
gress of the United States," and to insert ■ Senate and House of 
Representatives of the United States of America, in Congress as- 
sembled," and the bill was then ordered to the third reading. On 
the 18th the bill was again considered. Previously to any question 



«. 



HISTORY OF CONGRESS. 435 



Chap. IV. Executive Departments— Foreign Affairs. 1789. 



|st congress, being put, the Senate adopted an order that, in taking the yeas 
"* and nays, where the Vice-President is called upon to vote, the 
secretary propose to him the question. It was then moved to 
strikeout of the bill these words, page 3d, line 15th, "by the 
President of the United States," and the yeas and nays being re- 
quired thereupon by one fifth of the Senators present, it was de- 
termined as follows : — 

Yeas — Messrs. Few, Grayson, Gunn, Johnson, Izard, Langdon, 
Lee, Maclay, Wingate. — 9. 

Nays — Messrs. Bassett, Carroll, Dalton, Elmer, Henry, Morris, 
Paterson, Read, Strong. — 9. 

The numbers being equal, the Vice-President decided the ques- 
tion, by recording his vote in the negative. It was therefore 
determined that the clause should be retained. 

A motion was then made to strike out the following words: — • 
" Line 4th. e Such duties as shall, from time to time, be en- 
joined on, or intrusted to him by the President of the United 
States, agreeably to the Constitution, relative to correspondences, 
commissions, or instructions, to or with public ministers or con- 
suls from the United States, or to negotiations with public mi- 
nisters from foreign states or princes, or to memorials or other 
applications from foreign public ministers, or other foreigners, 
or to such other matters, respecting foreign affairs, as the Presi- 
dent of the United States shall assign to the said department. 
And, furthermore, that the said principal officers shall conduct g. journal 
the business of said department, in such manner as the Presi- P« 42, 43. 
dent of the United States shall, from time to time, order or in- 
struct. ' 

" And in lieu thereof, to insert as follows: < the duties of his 
office with integrity, ability, and diligence/ This question, also, 
was decided in the negative. 

A motion to strike out of line 13th, these words, " To be ap- 
pointed by the said principal officer," was likewise determined 
in the negative. 

It was then agreed to expunge the proviso in lines 17th, 18th, 
and 19th, as follows: — "Provided, nevertheless— -That an ap- 
pointment of such chief clerk shall be valid, until the same shall 
have been approved by the President of the United States." 
BUI passed The question was then put on concurring in the bill, as now 
by Senate. ame nded, and was decided in the affirmative, by the following 
vote: — 

Yeas— Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, 
Henry, Morris, Paterson, Read, Strong. — 10, 



436 HISTORY OF CONGRESS. 



Chap. IV. Executive Departments— Foreign Affairs— War. 1789. 



1st congress. Nays — Messrs. Few, Grayson, Gunn, Johnson, Izard, Lang- 

1st Session. 

don, Lee, Maclay, Wingate. — 9. 

House con- The House of Representatives, on the 20th, considered and h. Journal, 
cur. agreed to the amendments. P- 63 - 
Motion for On the 23d of July, it was moved, in the House of Repre- H. Journal, 
mentarv sentatives, "That a committee be appointed to bring in a bill p * 65, 
bill. supplementary to the act for establishing the department of fo- 
reign affairs, declaring that department to be hereafter denomi- 
nated -; and that the principal officer in that department 

shall have the custody of the records and seal of the United 
States; and that such bill do contain provision for the fees of 
office, to be taken for copies of records; and further provision 
for the due publication of the acts of Congress, and other matters 
relating to the premises, as the committee shall deem necessary 
Rejected, to be reported to this house." This motion was rejected. 
WakDe- On the 24th, the House of Representatives, in committee of H.Journal, 
fartment. the whole, considered the bill for establishing an executive de- p-53,54. 
partment, to be denominated the Department of War, and having 
gone through the same, reported several amendments, which 
were agreed to on the following day, and the bill was ordered to 
Bill passed be engrossed for the third reading. The bill was read the third 
by House. t j me on tne 27th, and was passed, and sent to the Senate, where s. Journal, 
it was read the first time on the 6th of July, received the second P- 39 - 44 * 
reading on the 21st, and, on the 4th of August, was taken up 
on the question of its third reading. It was then moved to 
strike out these words, in lines 6th, and 7th, " and naval," 
" ships," or "naval affairs;" but this motion was not agreed to. 
A motion was then made to strike out the words, line 14th, 
" and, who, whenever the said principal officer shall be removed 
from office by the President of the United States." The ques- 
tion, on this motion, was decided in the negative, as follows: — 
Yeas — Messrs. Butler, Few, Gunn, Grayson, Johnson, Izard, 
Langdon, Lee, Wingate. — 9. 

Nays — Messrs. Carroll, Dalton, Ellsworth, Elmer, Henry, 
King, Morris, Read, Schuyler, Strong. — 10. 

Amended The Senate then concurred in the bill, with the following id. p. 52. 
by Senate, amendments: — 

"Line 1. After 'Be it enacted by the,' strike out < Con- 
gress of the United States/ and insert 6 Senate and House of 
Representatives of the United States of •America, in Con- 
gress assembled. 9 

« Line 3. After ' war/ strike out * and.' Strike out i by rea- 
son of,' and insert, « for.' 



HISTORY OF CONGRESS. 437 



Chap. IV. Executive Departments— Treasury. 1789. 



1st congress. « Line 16. Strike out, < Provided, nevertheless — That no ap- 

1st Session. 

pointment of such chief clerk shall be valid, until the same shall 
have been approved by the President of the United States.' 

These amendments being communicated to the House of Re- 
House con- P res entatives on the 5th of August, were there considered and H. Journal, 
cur. agreed to. p. 72. 

Treasury The House of Representatives, on the 25th of June, delibe- id. p. 54. 
Depart- rated, in committee of the whole, on the bill establishing an ex- 
ecutive department, to be denominated " the Treasury Depart- 
ment;" and resumed the subject on the 29th and 30th, when id. p. 55, 
several amendments were reported to the house, which were fur- 56, 
ther amended on the 1st of July, and the bill was then ordered to id. p. 57. 
Bill passed De engrossed for the third reading. And, on the 2d, the blanks s. Journal, 
by House, having been filled up, the bill was read the third time and passed, fy 3 ^ 44 * 
and was sent to the Senate, where it received the first reading 
on the 6th, and was read the second time on the 21st; the sub- 
ject of the second reading was resumed on the 29th, and 30th; 
and, on the 31st, the bill was further considered and discussed, 
Acted on. on the question of the third reading. A motion to strike out, at 
the end of the first paragraph, the words " and an assistant to 
the secretary of the treasury," was rejected; as, also, was a mo- 
tion to strike out the words " secretary of the treasury," and to 
insert " three superintendents of the treasury." The bill was 
then concurred in by the Senate, with the following amend- 
ments: — 

Amend- " Page 1, line 5. After * treasury/ insert ' which assistant shall 

ments of be appointed bv the said secretary.' 
the Senate 

" Line 20. Strike out 'of.' Between the words 'debts' and 

• due,' insert ' that are or shall be.' 

" Page 2, line 3. Between the words ' the ' and ' house,' insert 

* Senate, and.' 

" Line 15. Strike out 'three,' and insert 'six.' 
" Line 20. Strike out ' certify upon,' and insert ' record.' 
" Line 21. After 'treasury,' insert 'certify the same thereon.' 
" Line 23. Strike out these words : — ' And be it further enacted — 
That the assistant to the secretary of the treasury shall be ap- 
pointed by the President ; and whenever the secretary shall be re- 
moved from office by the President of the United States, or in any 
other case of vacancy in the office of secretary, the assistant shall, 
during the vacancy, have the charge and custody of the records, 
books, and papers, appertaining to the said office.' 
" Line 28. Strike out, ' that shall be.' 



&g ::: ; t::.y :t : :^::zs5. 



OUT. IT. ^:- ..-T _-::■::::-—. -t1.: ; " -~?'r 



::"_-.-=. ni he :':: e~e: li-:iii:'.c ::" irliiiz 117 c> 
: Ui::e: S: = :es: mi 117 ::::: :z::er. here:- nei- 
liirg. =hih he :-i:.:~ii :;:r. :£::e. 11: 117 1 hie 
11 ::Ii~« :he :':::'-:_-5 11:- ±i= =:: :': z:. :ie- 
li-.i-i Si?.:es. lie ::-: hih' :: 11 ~i: —_1 fie :':: 
t these words, 5 be deemed gmhy of a high inisde- 
forfeil to the United States the penalty of thfee 
dollars; and shall, npoo conviction, be removed from o£- 
erer thereafter incapable of holding aay office onder 
tike United States: Prucided— That if anv other person than a 




::i —.::.: 1 



he :':: :he lie ::':he p-ersii ring 





The Boone n ro r e en Vd Id n n wnln these 
Senate, on the 3d and 4th I of August On the last named day, p " 

:ie iihz-^reshihn ~ii n:i:e£:— 

••_ r .: .. .:: — 7i:.::iiii:i5e :::i irree :: 5-: ~i:h ::'iie eihihi 

:: rjike :_: :ie ::h;— lig ~:::i. in .hi 

of the bffl; namely:— - Tbe assistant to the se- 

be appointed by the President, and,' 

i other part of the said imrnflWnfj as 

be residne of the dune.* On the 5th. li 

of the Senate were agreed to by the 

lie Senate, on the same day, adopted a resolution to s. 

nt, as it "was originally passed. On P* 5 * 
the 10th, the Hoose of Representanres resolved to desire a con- n T immJ 
ference with the Senate, on the sobject matter of the said eighth P- 76 - 

were appointed managers on the part cf the boose. Tbe Se- & JonU 

and Strong, to be their managers. On the 14th, Mr. Johnson id p. 39. j 
reported to the Senate that the managers on their part had con- 
ferred with the committee of the Hoose of Representatives, on h. Jowb^ i 
the disag r ee ment of the two booses, bat coold not agree open a P- ® • 
The report of the managers on the part of the Bonne 
by Mr. Madison on the *24th. when the Hoose adopted 
to adhere to their dsagreement to so inch of the 
of the Senate, as bad been disagreed to by 
the Hoose, and insisted on by die Senate. The Senate 




HISTORY OF CONGRESS. 439 



CHIP. IV. Executive Departments— Salaries. 1789. 



ist congress, the consideration of the subject on the 25th, when, on a motion 
ist session. ^ recec i e from their resolution to insist on their amendment, the 
question was determined as follows : — 

Yeas — Messrs. Bassett, Carroll, Ellsworth, Elmer, Henry, King, 
Morris, Paterson, Read, Schuyler. — 10. 

Nays — Messrs. Butler, Dalton, Few, Gunn, Johnson, Izard, 
Langdon, Lee, Maclay, Wingate. — 10. 

The numbers being equal, the question was decided by the s. Journal, 
Senate re- Vice-President, who gave his vote in the affirmative ; so that P* 63, 
cede. the Senate determined to recede from their disagreement. 

On the 5th of August, it was resolved by the House of Re- H. Journal, 
Salaries. ° . . . . p 72. 89. 

Bill to es- presentatives, that a committee be appointed to bring in a bill to l ' 

lablish sa- establish the salaries of the executive officers of government, 
ecutive of- w * tn tne ^ r assistants and clerks;" and Messrs. Fitzsimons, Law- 
ficevs. ranee, and Griffin, were appointed of such committee. And, on 
the 24th, Mr. Fitzsimons, from this committee, presented a bill 
in conformity to this resolution, which was then read the first 
time, and received the second reading on the next day, when it 
was committed to a committee of the whole house. This bill ld.p.92,93. 
was considered in committee of the whole on the 28th, and se- 
veral amendments were reported, which, after being amended, 
were agreed to, and the bill was ordered to be engrossed for the 
third reading. On the 29th, the bill was read the third time, and 
Passed by tne question, on its passage, was decided in the affirmative by- 
House, the following vote: — ■ 

Ayes — Messrs. Ames, Baldwin, Benson, Boudinot, Brown, 
Cadwalader, Gale, Goodhue, Griffin, Hartley, Heister, Jackson, 
Lawrance, Lee, Mathews, Moore, Scott, Sedgwick, Sherman, 
Silvester, Smith, of Maryland, Smith, of South Carolina, Sturges, 
Trumbull, Tucker, Wads worth, Wynkoop. — 27. 

Noes — Messrs. Coles, Floyd, Foster, Gerry, Grout, Hathorn, 
Livermore, Parker, Partridge, Van Rensselaer, Schureman, Se- 
ney, Sinnickson, Stone, Sumpter, Thatcher. — 16. 

The bill having been sent to the Senate, w T as there read the s. Journal, 
first and second time, on the 31st of August, and 1st of Sep tern- P- 68 - 72 - 
Amended ber, and on the 7th it was read the third time and passed, with 
by Senate. nme amendments. On the 8th, the House considered and dis- h. Journal, 
posed of these amendments, some of which were disagreed to, P- 104, 
and others adopted. The amendments agreed to, were the first, 
fourth, seventh, eighth, and ninth. It was then resolved by the s. Journal, 
Senate to recede from the second and sixth, and to insist on the p * * 
third and fifth amendments; and on the 9th the House of Repre- 
sentatives receded from their disagreement to the third and fifth H. Journal, 
amendments of the Senate. p * 



440 HISTORY OF CONGRESS. 



Chap. IV. Executive Departments— Salaries. 1790. 



1st congress. On the 3d of April, 1790. a motion was submitted to the House 

2d Sess ion. • 

of Representatives, that the secretary of state be authorized to 

Supple- employ one additional clerk, with a salary of eight hundred dol- H. Journal, 

r^ll Sa " ^ ars P er annum; and this motion was referred to Messrs. Vining, p ' 188, 
Sherman, and Lee, with instructions to prepare and bring in a 
bill in conformity to this motion; and, on the 13th, Mr. Vining, id. p. 193. 
from this committee, presented a bill supplemental to the act for 
establishing the salaries of the executive officers of government, 
with their assistants and clerks, which then received the first 
reading, and was, on the next day, read the second time, and id. p. 194. 
committed to a committee of the whole house. The bill was 
considered in committee of the whole on the 29th, when several 
amendments were reported, and the bill was then ordered to be 
Passed by engrossed for a third reading; and on the 30th the bill was read id. p. 205, 

House, the third time and passed. 
And Se- In the Senate this bill was read the first time on the same day, s. Journal, 

nate - and on the 3d of May, received its second reading, and was re- p- 135, 136. 

ferred to Messrs. Few, Izard, and Ellsworth. Mr. Few reported 
the bill on the 28th of May, when it was read the third time and 
passed. 

3d session. An act, in addition to an act for establishing the salaries of the 1791. 



Act in ad- executive officers of government, with their assistants and clerks, h. Journal, 

ditiontosa- was introduced into the House of Representatives in this third p- 399,400. 
lary act. , . 

P s db sess ^ on ? an d was passed without obstruction. The object of this s. Journal, 

House. bill was to add two hundred dollars to the annual salary of the chief P- 299 * 

clerk of the auditor. The bill was read in the Senate a first and i<j t p< 307, 
second time on the 2d of March, and was ordered to a third read- 
ing. On the 3d, the question on the third reading being before 
Amended the Senate, and the bill having been amended, it was determined 
by Senate, that the bill should pass, as amended, by the following vote: — 
Yeas — Messrs. Butler, Carroll, Dickinson, Hawkins, Henry, 
Johnston, Izard, King, Langdon, Lee, Monroe, Morris, Read, 
Schuyler. — 14. 

Nays — Messrs. Bassett, Dalton, Ellsworth, Elmer, Foster, 
Johnson, Stanton, Strong, Wingate. — 9. 

The amendments of the Senate were as follows: — To the end 
of the bill, add, " Jlnd be it further enacted — That there be al- 
lowed to the clerks employed in the several offices attached to 
the seat of government, in addition to their respective salaries, 
their reasonable and necessary expenses incurred by the remo- 
val of Congress from the city of New York to the city of Phi- 
ladelphia." 



HISTORY OF CONGRESS. 441 



Chap. IV. Executive Departments— Salaries— Treasury. 1791. 



1st congress. i( Jlnd be it further enacted — That there be allowed to the as- 

3d Session. " 

sistant secretary of the treasury, in addition to his salary, for one 
year, commencing with the passing of this act, four hundred dol- 
lars, to be paid in the same manner as his salary." 

Amend- These amendments being sent to the House of Representatives h. Journal, 
ment d t a ^ or conc u rrence > were there agreed to on the same day. P' 404 * 



2d congress. On the 28th of February, 1793, at the second session of the 1793'. 

2d Session. J 

~ second Congress, it was ordered by the House of Representatives H. Journal, 
that Messrs. Fitzsimons, B. Bourne, and Murray, be a committee P-^ 22 - 725 - 

Bill to raise to prepare and bring in a bill to increase the salaries of the com- 

commis- ° m i 3S i° n er of the revenue, and the auditor of accounts ; and, on the 

sioner and 1st of March, Mr. Fitzsimons, from this committee, presented a 
bill making addition to the compensation of the auditor of the 
treasury, and the commissioner of the revenue, which was then 
read the first time, and afterwards received the second reading, 
and was committed to a committee of the whole house. The bill 
was considered, on the 2d, in committee of the whole, and several 
amendments were reported, which were agreed to by the house. 
The question was then taken on the engrossment of the bill as id. p. 73% 
amended, and was decided as follows : — 732 - 

Ayes — Messrs. Ames, Baldwin, BarnwehV Benson, S; Bourne, B, 
Bourne, Dayton, Findley, Fitzsimons, Gilman, Goodhue, Hartley, 
Key, Lawrance, Lee, Muhlenberg, Murray, Parker, Sedgwick, 
W. Smith, Steele, Thatcher,, Tucker, Willis.— 24. 

Noes — Messrs. Clarke, Giles, Gordon, Greenup, Grove, Hill- 
house, Kitchell, Livermore, Macon, Niles, Orr, Silvester, Jere. 
Smith, Sturges, Sumpter, Tredwell, Ward. — 17. 

Passed by The bill was then read the third time and passed, and was id. p. 73$. 

House, sent f tbe Senate for their concurrence; where, on the same day, s. Journal^ 
it received its three several readings, after an unsuccessful mo- P' 503 > 504 » 

AndbySe- tion to postpone its consideration to the next session of Congress^ 

nate - and was passed. 



ist congress. At the third session of the first Congress, on the 10th of Febru- 1791. 

331 ° n * ary, 1791, it was ordered by the House of Representatives that ~ 

Messrs. Boudinot, Fitzsimons, and Ames, be a committee to pre- 
Billsupple- pare and bring in a bill supplementary to the act, entitled "An H. Journal, 
mentary to act to establish the treasury department ;" and, on the 22d, Mr. p ' 374 ' 
suryact. Boudinot presented a bill bearing this title, which was read the Id. p. 3S& 
Vor T — 56 



442 HISTORY OF CONGRESS. 



Chap. IV. native Department*— Salaries— Treasury. 1791. 



1st coneress. first and second time, and committed to a committee of the whole 

3>: Beams. 

house. The bill was considered in committee on the 24th. and H. Journal, 

several amendments were reported, which were agreed to by the P~° ' 
house : and the bill was then ordered to be engrossed for the third 

BiB passed reading. On the following day. the blanks having been filled up. Id. p. 390. 

by House, ^e bill was read the third time, and passed. In the Senate, the s. Journal, I 
bill was read the first and second time on the 25th and 26th. and P- 288 * 289 - 
was committed to Messrs. Ellsworth. Butler. R.ead. Strong, and 
King. A motion had been made in the Senate, on the 24th. to 
agree to the following resolution i — 

*■ Whereas, the duties of the treasury department are greatly i<l p . 281. 
increased by different acts passed since the establishment of the 
office, insomuch as to make the salaries of the officers inadequate 
to the fatigue and attention requisite: and whereas., the time of 
the present session will not admit of regulating the salaries by 
bill :— 

•• Resolved — That, for the space of one year, the salaries of the 
different officers shall be advanced in the proportion of 25 per 
cent, on their present allowance." 

It was then ordered that this motion-be referred to Messrs. id p. 280. 
Ellsworth. Butler. Read. Strong, and King, together with a simi- 
lar motion respecting an additional allowance to the attorney ge- 
neral,, which had been made on the preceding cay — so that this 
committee had now the bill and the two motions before them. 
On the 26th. Mr. Ellsworth, from this committee, reported vari- id. p. 290. 
Amended ous amendments, which were adopted, and the bill was then or- 
and passed d ere a to the third reading. On the 28th, the bill was read the 
third time and passed, with the following amendments : — 

"Sect. 3, line 6. After ' dollars/ insert 'per annum,' 
" At the end of the bill add — * Sect 4. And be it further enact- 
ed, by the authority aforesaid — That there shall be allowed, for one 
year, commencing with the passing of this act, to the register, 
two hundred and fifty dollars ; and to the auditor, the comptroller 
of the treasury, and the attorney general, four hundred dollars 
each, in addition to their respective salaries, and to be paid in 
the same manner.* " 

The title was also amended, by adding to it the following 
words: -And for a further compensation to certain officers.'" 
Housecon- The House of Representatives, on the 1st of March, agreed to H. Journal, 
cur - the amendments of die Senate. p ' ° 98, 



HISTORY OF CONGRESS. 443 



Chap. IV. Executive Departments— Treasury and War. 1792. 



2d congress. On the 3d of April, 1792, being the first session of the second S. Journal, 

1st Session. " A1Q 

Congress, the Senate adopted an order, by which Messrs. King, p ' 

Strong, and Ellsworth, were appointed a committee to consider 

and report whether any, and what, alterations are necessary to 

be made in the acts establishing the treasury and war depart- 

Billcon- ments. Mr. King, on the 10th, reported a bill on the subject, ld.p.422— 

cerning al- wn i c h was then read the first time, and received the second read- * 

terations in 

treasury ing on the following day. On the 12th and 13th, the bill was fur- 

andwarde- ^ er considered and discussed, as also on the 14th and 17th. The 
partments. 

12th section having been so amended as to read as follows: — 

" Sect 12. And be it further enacted — That, in addition to the 
compensations allowed to the comptroller, auditor, treasurer, and 
register of the treasury, by the ' Act for establishing the salaries 
of the executive officers of government, their assistants, and 
clerks,' and to the attorney general, by the i Act for allowing cer- 
tain compensations to the judges of the Supreme and other courts, 
and to the attorney general of the United States,' the said officers, 
respectively, shall be allowed the following yearly sums ; name- 
ly: — The comptroller, four hundred dollars; the auditor, four hun- 
dred dollars ; the treasurer, four hundred dollars; the register, five 
hundred dollars; and the attorney general, four hundred dollars." 

Passed by And the question being taken, on agreeing to the section as 
Senate. ih us amended, it was decided in the affirmative, by the follow- 
ing vote : — 

Yeas — Messrs. Burr, Cabot, Carroll, Dickinson, Ellsworth, Few, 
Foster, Gunn, Hawkins, Henry, Izard, Johnston, Langdon, Lee, 
Monroe, Morris, Read, Sherman, Stanton, Strong. — 20. 

Kays — Messrs. Bradley, Robinson, Wingate. — 3. 

It was further agreed to amend the bill, by increasing the sala- id, 'p. 427. 
ry of the accountant of the department of war, from one thou- 
sand to one thousand two hundred dollars. 

The bill was then, by unanimous consent, read the third time id. p. 428. 
and passed. 

On the 18th of April, the bill received two readings in the h. Journal, 
House of Representatives, and was then committed to a committee p * 58i * 
of the whole. The bill was considered in committee of the whole, 
on the 7th of May, when various amendments were reported, id. p. 60.1. 
which were agreed to by the house, and the bill was then read 
Passed by the third time and passed. The Senate, on the same day, con- s. Journal, 
House. curred in the amendments of the House, with an amendment to P* 441, 
the amendment to the thirteenth section, to wit, after the word 
" revenue," in the third line of the amendment, insert " to the 



444 HISTORY OF CONGRESS. 



CHAP. IV. Executive Departments— Western Territory. 179*2. 



2d congress, several commissioners of loans, and to all persons employed in 

1st Session. , , * r J 

their respective offices." This amendment was concurred in by h. Journal, 
the House of Representatives on the same day. P- 603 - 



1st congees. Off the 14th of July, 1789, it was ordered by the House of i?S9. 

—^— Representatives, that a committee be appointed to prepare and 
Western bring in a bill, or bills, to provide for the government of the wes- h. Journal, 
tern territory; and Messrs. Fitzsimons, Sedgwick, and Brown, p 
were appointed to prepare the same. Mr. Fitzsimons, on the 

Bill to pro- 16th, reported a bill to provide for the government of the terri- id. p. 61. 

vide for go- ^ north-west of the river Ohio, which was then read the first 

vernment. J 

time. On the 17th, the bill received its second reading, and was id. p. 62. 
committed to a committee of the whole ; and on the 20th, the id. p. 63. 
bill was taken up for consideration in committee, when several 
amendments were reported to the house, which were agreed to, 
Passed by and the bill was ordered to be engrossed for the third reading. 
House. »jj ie kjjj wag rea ^ fa e Ufa} time, and passed on the following day. 

In the Senate, the bill received its first reading on the same day, S. Journal, 
and was read the second time on the 3d of August ; and on the £, 44, o1 ' 
4th, the Senate proceeded to the third reading of the bill. A 
motion was then made to amend the bill, by inserting after the 
word " President," in the last line of the second section, the words 
u by and with the consent of the Senate :" it was decided in the 
negative, by the following vote : — 

Yeas — Messrs. Butler, Few, Gunn, Grayson, Johnson, Izard, 
Langdon, Wingate.-^8. 

Aays — Messrs. Carroll, Dalton, Ellsworth, Elmer, Henry, King, 
Morris, Read, Stanton, Strong. — 10. 

Amended The bill was then concurred in, with the following amend- 
by Senate. m ents:— 

" Line 10. After ' United States and,' strike out 'all appoint- 
ments to offices, which by the said ordinance were to have been 
made by the United States in Congress assembled, shall be made 
by the President of the United States, with the advice and con- 
sent of the Senate,' and insert these words: ' the President shall 
nominate, and by and with the advice and consent of the Senate. 
shall appoint all officers which, by the said ordinance, were to 
have been appointed by the United States in Congress assem- 
bled/ 

" Line 17. After < shall,' insert ■ be.' " 

These amendments were agreed to by the House. H. Journal, 

p. 71. 



HISTORY OF CONGRESS. 445 



CHAP. IV. Executive Departments— Western Territory. - 1792. 



2d congress. At the first session of the second Congress, on the 19th of Ja- 11. journal, 
- — 1 - L — nuary, 1792, a memorial was presented to the House of Repre- P- 490 * 543 - 
Petition of sentatives, from George Turner, one of the judges of the terri- 
ner for re- ^ orv °^ * ne United States north-west of the Ohio, praying a re- 
vision of vision of the ordinance for the government of the said territory, 
nance. 01 " anc * a ^ s0 an mcrease of compensation to the judges thereof: 
Commit- which memorial was referred to Messrs. Livermore, Lawrance, 
tee. White, Williamson, and Smith, of South Carolina. Mr. Liver- id. p. 544. 

more, on the 22d of March, made a report from this committee, 
which was taken up by the house for consideration on the next 
day, when the following resolution was adopted :— 

Resolu- " Resolved— -That the laws of the territory north-west of the 
lions of Qhi b e printed, under the inspection of the secretary of state, 
and delivered to the governor and judges, to be distributed for 
the information of the inhabitants. 

" That the official duties of the secretary of the said territory 
be under the control of the laws of the territory. 

" That the governor and judges have power to repeal these 
laws, if found to be improper. 

"That a single judge, in the absence of the other judges, be 
authorized to hold a court. 

" That the secretary of state provide seals for the said terri- 
tory. 

" That the military power be subordinate to the civil power. 

" That the limitation act, passed by the governor and judges 
of said territory, the twenty-eighth day of December, one thou- 
sand seven hundred and eighty-eight, ought to be repealed by 
Congress. 

" That certain expenses incurred by two of the judges in 
purchasing a boat to carry the judges and soldiers as an escort 
on the circuit, and also for sending an express, amounting to 
, ought to be paid by the United States." 

It was then ordered, that a bill, or bills, in conformity with this 
resolution, be brought in, and Messrs. Livermore, Lawrance, 
White, Williamson, and Smith, of South Carolina, were appoint- 
ed a committee to prepare and bring in the same. 

Bill report- On the 31st of March, Mr. Livermore, from this committee, id. p. 555. 

ed - presented a bill in addition to an act, entitled < An act to provide 

for the territory north-west of the river Ohio, which was read 
the first and second time, and committed to a committee of the 
whole house. This bill was considered in committee of the 
H,s&oJe, on the 8th of May, when it was reported with an amend- 



446 HISTORY OF CONGRESS. 

Chap. IV. Executive Departments— Accounts between United States and States. 1792. 



2d congress, merit : which was agreed to by the House, and the bill was then h. Journal, 

* ■ engrossed, and read the third time on the same dav. The bill P- 605 « 
by House having been transmitted to the Senate, received its three several S. Journal, 
and Senate, readings on the same day, and was passed. p * 443 ' 



ist congress. There was also a Senate bill passed during the second session 1T90. 

" M °"' of the first Congress, in reference to this subject. On the 7th of s - :[° lirnal » 

Territory April, 1790, it was ordered, that Messrs. Ellsworth, Johnston, 

oh? 1 ° f anc * Strong, be a committee to bring in a bill, for the govern- 
ment of the territory of the United States, south of the river 
Ohio. Mr. Ellsworth reported this bill on the 9th, when it was 
read the first time; it was discussed on its second reading, on Id. p. 131. 

BMpassed the 12th and 13th, and, on the 14th, was read the third time, Id. p. 132. 

by Senate, anc j passed, an d sent to the House of Representatives for their 

concurrence. On the 14th and 15th, the bill received its first H. Journal, 
and second reading in the house, and was committed to a com- p ' 194 ' 
mittee of the whole. Lt was taken up for consideration in com- 
mittee of the whole, on the 28th of April, and was reported id. p. 203, 
without amendment ; after which it was amended in the house, 
And by and ordered to be read the third time. On the following day, it 

House. was rea d the third time, and passed. The amendments were S. Journal, 
considered in Senate on the 4th of May, when it was resolved p ' 
thai the Senate do not agree to the proposed amendments. And H. Journal, 
on the 5th, the House adopted a resolution to recede from their p ' 
amendments- 



ist congress. ^ T was found necessary to create a board of commissioners, for 17^9. 
1st session. ^ e settlement of the accounts between the United States and " 

Accounts individual states. The legislation on this subject will properly 
between u. come under the scope of this chapter. 

States ind 

individual 0n the 14th of July, 1789, Messrs. Baldwin, Sturges, and h. Journal, 
states. Smith, of South Carolina, were appointed a committee of the P- 60 > 61 ' 
Bill. House of Representatives to prepare and bring in a bill, or bills, 
to provide for the settlement of the accounts between the United 
States and the individual states, agreeably to the ordinance of 
the late Congress. Mr. Baldwin, on the 16th, presented a bill id. p. 62. 
to that effect, which was then read the first time, and, on the 
17th, received its second reading, and was committed to a com- 
mittee of the whole house. The bill was taken up for conside- 
ration in committee, on the 22d, and was reported without id. p. 64. 
amendment. A motion was then made, and agreed to, to <£h 



HISTORY OF CONGRESS. 447 



CflAP. IV. Executive Departments— Accounts between United States and States. 1789. 



ist congress, charge the committee of the whole from the further considera- H. Journal, 

1st Session. ° _. zrz; 

tion of the bill, and to recommit it to Messrs. Baldwin, Sturges, p * * 
and Smith, of South Carolina. On the 24th, Mr. Baldwin, from s j ourna ] 
this committee, reported an amendment to the bill, which was p- 47. 49, 
agreed to, and the bill was then ordered to be engrossed for the 
Passed by third reading. And, on the 27th, the blanks in the bill being 
filled up, it was read the third time, and passed. In the Senate, 
the bill received its three several readings on the 27th, 29th, 
and 30th, and was passed by that branch without amendment. 

2d session. On the 19th of February, 1790, the speaker laid before the 1790. 
Bill to in- House of Representatives a letter from the board of commis- h. Journal, 
crease sa- s i oners f or settling accounts, respecting the insufficiency of the P- 16 1>1 62 « 
salaries allowed by law to the clerks employed in that depart- 
ment, which letter, on the 22d, was referred to Messrs. Gerry, id. p. 164. 
Trumbull, and Gale. Mr. Gerry, on the 26th, made a report Id. p. 169. 
on the subject, which was laid on the table; and, on the 5th of 
March, this report was considered, and was recommitted to the 
same committee, with instructions to prepare and bring in a bill 
in conformity with the report. Mr. Gerry, on the 8th, pre- 
sented a bill for increasing the salaries of clerks, in the office of 
the commissioners for settling accounts between the United 
States and individual states, which w T as then read the first time, 
and was read the second time on the 9th, and ordered to be en- 
Passed by grossed for the third reading. On the 10th, the bill was read id. p. 171* 
House. the third time, and passed. In the Senate, this bill was read the 1 ^ 2, 

first time on the 11th, and was taken up on the second reading s. Journal,, 
on the 12th; and on the 30th, when a motion being made to as- P- 119 > 120 ~ 
Rejected sign a day for the third reading of the bill, it was decided in the id. p 125s. 
by Senate. ne g a tive. Thus the bill was rejected, the object being accom- 
plished by an amendment to a more general bill, the passage of 
which has already been noticed. 
Billtoadd On the 4th of August, Mr. Madison moved for leave to bring h. Journal, 

two com- * n a hill for adding two commissioners to the board established P* 288 * 

missioners ° 

to the for settling accounts between the United States and the inclivi- 

board. ^^j s tates; and, leave being granted, Messrs. Madison, Vining, 

and Wadsworth, were appointed a committee to prepare and 

bring in such bill. Mr. Madison, on the same day, presented a 

bill, which was read the first and second time, and committed to 

a committee of the whole house for the same day. The house 

then considered the bill in committee, and the bill was reported 

with an amendment, which was agreed to by the house; and the 

question being then put on the engrossment of the bill, it was 

decided in the affirmative, as follows; — 



448 HISTORY OF CONGRESS, 



CHAP. IV. Executive Departments— Accounts between United States and States. 1790. 



1st congress. Jlyes — Messrs. Ames, Ashe, Baldwin, Benson, Blood worth, s. Journal, 
~ J: -^^^- Brown, Burke, Carroll, Clymer, Coles, Fitzsimons, Gales, Gil- p » ' 
man, Griffin, Grout, Hartley, Heister, Huntington, Lee, Madi- 
son, jr., Mathews, Moore, Muhlenberg, Page, Parker, Partridge, 
Scott, Seney, Sevier, Stone, Sumpter r Trumbull, Tucker, Wads- 
worth, White, Wynkoop. — 36. 

Noes — Messrs. Boudinot, Cadwalader, Floyd, Foster, Ger- 
ry, Hathorn, Jackson, Lawrance, Livermore, Van Rensselaer, 
Schureman, Sherman, Silvester, Sinnickson, Smith, of Mary- 
land, Smith, of South Carolina, Steele, Sturges, Thatcher. — 19. 
Passed by On the following day, the bill was read the third time, and 
House - passed. 

In Senate, the bill received its first reading on the same day; S. Journal, 
and, on the following day, the bill having been again taken up p * ' 
Rejected for consideration, and the question being put, " Shall this bill 
by Senate. p ass to ^ e second reading?" — it was decided in the negative. 

More ef- On the 20th of April, the House of Representatives adopted H. Journal, 
fectual set- a reso ] u ti on to appoint a committee to inquire what further mea- p ' 
accounts, sures are necessary for making an effectual and speedy settle- 
ment of the accounts of the several states with the United States, 
and to prepare and bring in a bill pursuant thereto. And Messrs. 
Fitzsimons, Williamson, Smith, of Maryland, Schureman, and 
Sturges, w T ere appointed of this committee. And, on the 23d, 
for the purpose of obtaining all necessary information, the house 
adopted the following orders: — 

Calls for " Ordered — That the secretary of the department of war be Id. p. 199. 
mforma- directed to lay before the house an account of the troops, (in- 
cluding the militia,) and also of the ordnance stores, furnished, 
from time to time, by the several states, towards the support 
of the late war; and that the commissioners for settling the ac- 
counts of the United States with the respective states, be directed 
to lay before the house an abstract of the claims of the several 
states against the United States, specifying the principles on 
which the claims are founded. 

" Ordered — That the secretary of the treasury be directed to 
report the sums of money, including indents and paper money 
of every kind, reduced to specie value, which have been re- 
ceived from, or paid to, the several states, by Congress, from the 
commencement of the revolution to the present period. 

"Ordered — That the commissioners for settling accounts be- 
tween the United States and individual states, report the amount 
of such claims of the states as have been offered to them since 
the time expired for receiving claims, specifying the principles 



HISTORY OF CONGRESS. 449 



Chai\ IV. Executive Departments— Accounts with States. 1790. 



1st congress, on which the claims are founded, and distinguishing them from 

2*1 Session. , 00 

other claims." 

Reports in On the 2d of May, the speaker laid before the house a letter H. Journal, 
rc P J* and report from the commissioners, in obedience to the above or- p " 

der. And on the 11th, the speaker also laid before the house Id. p. 214. 
reports from the secretary of war, and the secretary of the trea- 
sury, in compliance with the directions sent to them on this sub- 
ject. 

The following motion was also submitted to the house, on the 
7th of May :— 

" Resolved — That the secretary of war be, and he is hereby, Id. p. 210. 
directed to cause accurate lists to be forthwith published in the 
newspapers of the states of Virginia and North Carolina, of all 
the officers and soldiers who are entitled to receive certain ar- 
rears of pay due to the lines of the army of the said states, for 
which money was granted and appropriated by Congress at their 
last session ; and that payment be made to the said officers and 
soldiers, or, where dead, to their legal representatives, under the 
same regulations as have been adopted for the payment of inva- 
lid pensioners, in pursuance of an act passed at the last session of 
Congress, entitled ' An act providing for the payment of the in- 
valid pensioners of the United States/ and that no claim of any 
assignee, under any transfer or power to receive the same, be ad- 
mitted as valid, to entitle any person to receive any part of the 
said arrears of pay, due to the officers or soldiers of the said 
lines, except as aforesaid." 

This motion was referred to Messrs. Bland, Williamson, and id. p. 216, 
Burke. Mr. Bland presented a report from this committee on ^^ 
the 14th, which was taken up for consideration on the 17th, 
when the house amended the resolutions of the committee, and 
adopted them in the following form: — 

Resolu- " Resolved — That the President of the United States be re- 

tlons as to quested to cause to be forthwith transmitted to the executives 

duetto sol- of the states of Virginia, North Carolina, and South Carolina, a 

diers, a- complete list of the officers, non-commissioned officers, and pri- 

House. vates of the lines of these states, respectively, who are entitled 

to receive arrears of pay, due for services in the army, in the 

years 1782 and 1783, annexing the particular sum that is due to 

each individual, with a request to the executives of the said states, 

to make known to the claimants, in the most effectual manner, 

Vol. I.— 57 



450 HISTORY OF CONGRESS. 



CHAP. IV. Executive Departments— Accounts with States. 1790. 



ist congress, that the said arrears are ready to be discharged on proper ap- 

2d Session. .. M . J ° r r r 

plication. 

Resolu- "Resolved— That the President of the United States be re- 

uons oi 

House. quested to cause the secretary of the treasury to take the ne- 
cessary steps for paying (within the said states respectively) the 
money appropriated by Congress, on the 29th day of September, H. Journal, 
1789, for the discharging the arrears of pay due to the troops of p ' 218, 
the lines of the said states respectively. 

" Resolved — That the secretary of the treasury, in cases where 
the payment has not been made to the original claimant, in per- 
son, or to his representatives, be directed to take order for making 
the payment to the original claimant, or to such person or per- 
sons only as shall produce a power of attorney, duly attested by 
two justices of the peace of the county in which such person or 
persons reside, authorizing him or them to receive a certain spe- 
cified sum." 

These resolves were, by the Senate, committed to Messrs. Ells- s. Journal, 
worth, Lee, Johnston, Izard, and King. Mr. Ellsworth, on the p * 
20th, made a report, which was considered on the 21st, and which 
was as follows:— 
Amended " I* 1 the first resolve, page 1st, line 7th, insert* and' before 
by Senate, t North Carolina,' and expunge ' and South Carolina.' 

" Subjoin the following at the end of the last resolution: — * Ex- 
cept where certificates or warrants have been issued under the 
authority of the United States, for any of the said arrears of 
pay, and the same shall be produced by the claimant or claimants. 
Except, also, where powers of attorney, otherwise attested or 
expressed than as aforesaid, drawn before the passing of these 
resolutions, shall be presented, and no circumstances shall ap- 
pear before, or within four months after, demand made, by vir- 
tue of them, of the commissioner or agent that shall be intrusted 
to pay out the moneys aforesaid, rendering it probable, in the 
opinion of such commissioner or agent, that the said powers of 
attorney are forged, or have been obtained by fraud.' " 

It was then agreed to adopt the first resolution in this form. 
The second resolution of the house was also agreed to. It was 
then moved to agree to the third resolution of the house, sub- 
joining the first exception reported by the committee; to wit: — 
" Except where certificates or warrants have been issued under 
authority of the United States, for any of the said arrears of pay, 
and the same shall be produced by the claimant or claimants;" 
and the question being taken on this motion, it was decided as 
follows: — 



HISTORY OF CONGRESS. 45 1 



Chap. IV. Executive Departments— Accounts with States. 1790. 



1st congress. Yeas — Messrs. Bassett, Butler, Carroll, Few, Gunn, Haw- 

2d Session. 

kins, Henry, Johnston, Lee, Maclay, Read, Walker, Win- 
gate. — 13. 

Nays — Messrs. Dal ton, Ellsworth, Johnson, Izard, King, Lang- 
don, Morris, Schuyler, Strong. — 9. 

It was then determined to strike out the word " four," before 
the word " months," in the second exception reported by the com- 
mittee. It was then moved to agree to the second exception of 
the committee, and the question being put, was decided as fol- 
lows: — 

Yeas — Messrs. Butler, Dalton, Ellsworth, Johnson, Izard, S. Journal, 
King, Langdon, Morris, Read, Schuyler, Strong. — 11. p * 144, 

Nays — Messrs. Bassett, Carroll, Few, Gunn, Hawkins, Hen- 
ry, Johnston, Lee, Maclay, Walker, Wingate. — 11. 

The numbers being equal, the Vice-President decided the H. Journal, 
question by giving the casting vote in the negative. The reso- p ' 
lution, in its amended form, was then agreed to. The House of 
Representatives, on the 24th, concurred in the amendments of 
the Senate. 
Bill to pro- On the 27th of May, Mr. Fitzsimons, from the committee ap- id. p, 224. 
videforset- pointed for that purpose, presented a bill to provide for the set- 
accounts, tlement of the accounts between the United States and the indi- 
vidual states, which was read the first and second time, and com- 
mitted to a committee of the whole house. The bill was taken id. p. 232, 
up, and considered in committee of the whole on the 1st, 2d, 3d, 
and 4th of June; when a motion was made and agreed to, that 
the committee of the whole house be discharged from further 
proceeding thereon, and that the bill lie on the table. On the id. p. 234, 
7th and 8th, the bill was further considered, discussed, and 
amended, and was then ordered to be engrossed and read the 
third time. And on the 9th, after receiving the third reading, id. p. 236, 
it was again committed to Messrs. Fitzsimons, Williamson, 
Sedgwick, Wadsworth and Madison. On the 17th, Mr. Fitz- Id. p. 244, 
simons reported, from this committee, an amendatory bill, which 
was read the first and second time, and committed to a commit- 
tee of the whole house. The bill was taken up and considered 
in committee on the 21st, when several amendments were re- 
ported, which were agreed to by the house. It was moved to 
amend the bill by striking out, in the fifth section, the words, 
" the rule for apportioning to the states the expenses of the war, id. p. 246, 
shall be the same that is prescribed by the Constitution of the 
United States, for the apportionment of representation and di- 
rect taxes, and according to the first enumeration which shall be 



452 HISTORY OF CONGRESS. 



Chap. IV. Executive Departments— Accounts with States. 1790. 



ist Congress, made." The question being taken on this motion, it was de- 

— — cided in the negative, as Follows: — 

rfyes — Messrs. Ashe, Baldwin, Floyd, Foster, Gilman, Ha- 
thorn, Jackson, Lawrance, Livermore, Sedgwick. — 10. 

Noes — Messrs. Ames, Benson, Bloodworth, Boudinot, Brown, 
Burke, Cadwalader, Carroll, Coles, Contee, Fitzsimons, Gale, 
Goodhue, Griffin, Grout, Heister, Huger, Huntington, Leonard, 
Madison, jr., Moore, Muhlenberg, Page, Partridge, Van Rens- 
selaer, Schureman, Scott, Seney, Sevier, Sherman, Silvester, 
Sinnickson, Smith, of Maryland, Smith, of South Carolina, 
Steele, Stone, Sturges, Sumpter, Thatcher, Trumbull, Tucker, 
Vining, Wadsworth, White, Williamson. — 45. 

BUI passed The bill was then ordered to be engrossed for the third read- h. Journal, 
ing, and on the 22d the bill was read the third time and passed. P- 247 ' 
In the Senate, the bill was read the first and second time on the s. Journal, 
23d; and on the 30th, and the 1st of July, it was further dis- P- 165 - 
cussed on the question of its second reading, and was committed id. p. 172, 
to Messrs. King, Strong, Read, Ellsworth, and Hawkins. Mr. 173 ' 
King, on the 3d, reported from this committee several amend- id. p. 174, 
ments to the bill, which were agreed to on the 6th, and the bill 175 - 
was ordered to the third reading. On the 7th, the bill was again 
committed to Messrs. Morris, Schuyler, King, Lee, and Ells- 
worth. On the 8th, the bill was again reported by Mr. Morris, id. p. 176. 
with amendments, and the Senate having agreed to amend the 
bill accordingly, it was again ordered to the third reading; and 
Passed by on the 9th the bill, in its amended form, was read the third time 

JfJjSLq and passed. On the 13th and 14th, the House of Representa- H. Journal, 
tives considered the amendments of the Senate, and determined p ' 269 * 

House dis- to disagree to all of them, and to desire a conference with the 

agree- Senate on the subject; and appointed Messrs. Sedgwick, Wads- 
Confer- worth, Boudinot, Fitzsimons, and Williamson, to be managers 

ence. on their part. The Senate, also, on the 14th, agreed to the confe- S. Journal, 

rence, and appointed Messrs. Ellsworth, King, and Lee, to be p * 
their managers. On the 21st, Mr. Sedgwick made a report to 
the House of Representatives, and the House adopted the fol- 
lowing resolutions: — 

Resohi- " Resolved — That this house do insist on so much of their disa- 
5?™*° greement to the first amendment, as proposes to strike out the 
second section of the bill, and the words, ■ And be it further en- 
acted? in the third section, and do agree to such other parts of 
the said amendment as propose to strike out all the words in the 
first section, from the word ■ assembled,' to the end thereof, with 
an amendment, to insert, in lieu of the words so stricken out, the 



HISTORY OF CONGRESS. 



453 



Chap. IV. 



Executive Departments— Accounts with States. 



1790. 



1st congress, following words : 

2d Session. 



Resolu- 
tions of 
House. 



Resolu- 
tions of 
Senate. 



That a board, to consist of three commission- 
ers, be, and hereby is, established to settle the accounts between 
the United States and the individual states : and the determina- 
tion of a majority of the said commissioners, on the claims sub- 
mitted to them, shall be final and conclusive; and they shall haVe 
power to employ such number of clerks as they may find neces- 
sary. 

" Resolved — That this house do insist on their disagreement to 
the second and sixth amendments, and do recede from their dis- 
agreement to the third, fourth, fifth, and seventh amendments. 

" Resolved — That this house do disagree to the amendment pro- 
posed by the conferees, in the third line of the third section, for 
striking out the word * July,' and inserting, in lieu thereof, the 
word ' April/ " 

In the Senate, Mr. Ellsworth made a report from the managers, 
on the 21st; and, on the 23d, the Senate proceeded to consider 
the resolutions of the House of Representatives, when the follow- 
ing resolutions were adopted : — 

" Resolved — That the Senate recede from so much of their s. journal, 
amendment, section 1st, as to agree to the amendment of the p. 187,188. 
House of Representatives on the amendment, as follows : After 
the word ' assembled,' section 1st, line 2d, ( that a board, to con- 
sist of three commissioners, be, and hereby is, established, to set- 
tle the accounts between the United States and the individual 
states ; and the determination of a majority of the said commis- 
sioners, on the claims submitted to them, shall be final and con- 
clusive ; and they shall have power to employ such number of 
clerks as they may find necessary.' 

" That they recede from their amendments to the third sec- 
tion, and 

" From their sixth amendment, and agree to restore the sixth 
section." 



2d Congress. 
1st Session. 



On the 21st of November, 1791, being the first session of the 1791. 
second Congress, the House of Representatives appointed Messrs. H,JournaI 7 
Dayton, Griffin, and Hartley, to be a committee to prepare and p- 458. 
bring in a bill, or bills, for extending the time limited for the set- 
tlement of the accounts of the United States with the individual 
states ; and, on the 23d, Mr. Dayton, from this committee, pre- id. p. 461,, 
sented a bill to extend the time limited for the settlement of the 462, 
accounts of the United States with the individual states, which 



454 WBB OF CONGRESS. 



Lz-:-: .:.-i Z'-:.i.r.-i-.-i— :-.::: .z:s --.::. 5: i~.< 



was read the first and second tune, and committed to a commit- 
tee of the whole house ; and, on the 30th of December, the bill H. J 
was considered in committee, and an amendment was reported, P" ^^ 
which was agreed to by the house, and the bill was then or- 
dered to be engrossed, and read the third time. Onthe2dof Janu- 
ary, 1792, the bill was read the third time and passed. In the Se- 
nate, this bill was read the first time, on the 3d, and was considered S. JonnnU 
and discussed on the question of the second reading, on the 4th *** ' 
and 5th, when it was committed to Messrs. Bradley, Monroe, and 
Ellsworth. On the 10th, Mr. Bradley reported sundry amend- id. p. 364. 
ments, which were adopted, and the bill was then ordered to the 3T0 * 
third reading; and, on the lltb, the bill was passed with die fol- 
lowing amendments : — 

A::i: the z:s: iz'.ziz-z. izscr: the {:'l:~:zz ■ 
"SecLtL And bed further enacted— That the aforesaid act shall 
extend to the settlement of the accounts between the United 
States and the state of Vermont; and that, until the first day of 
December next, shall be allowed for the said state to exhibit 
claims.* 

" And that section 2 be made to read section 3." 

On the 13th of January, the House agreed to the amendments 
of the Senate. - 

MSea^m. On the 5th of December, Mr. Bradley gave notice that on the i^p, 
BiB to ex- following Friday, tie should move for leave to bring in a bill, in 

the time limited for settling the accounts of the United States 
with the individual states."' And on the 7th, he introduced the id. p 
bill, which was then read the first time; and on the 10th, after 
some debate on the question of the second reading, was commit- 
ted to Messrs. Bradley, Strong, King, Ellsworth, and Brown. 
On the 13th. Mr. Bradley reported amendments to the bill; and id. p. 
the bill, having been amended in conformity thereto, was ordered 
by to the third reading. The bill was read the third time, and 

passed, on the 14th, and was then sent to the House for concur- H. Journal, 
rence, where it was read the first and second time, and commit- j^f 9 " 
ted to a committee of the whole house; and, on the 21st of Fe- 
bru j. the bill was considered in committee, and reported 

without amendment It was then moved to amend tbe bill, by 
striking out the first section, in the words following; to wit : — 

u Be it enacted, by ike Senate and Bouse of Representatixes of the 
United Slates of America, in Congress assembled— That the second 



HISTORY OF CONGRESS. 455 



Chap. IV. Executive Departments— Accounts with States— Foreign Intercourse. 1792. 



section of the said act, which extended the powers of the hoard 
of commissioners to the settlement of the accounts between the 
United States and the state of Vermont, be, and hereby is, re- 
pealed." 

And the question being put on this motion, it was determined 
in the negative by the following vote : — 

tflyes — Messrs. Barnwell, Boudinot, S. Bourne, B. Bourne, 
Clarke, Dayton, Gerry, Gilman, Huger, Kittera, Lee, Livermore, 
Smith, Sturges, Tucker, Venable, Willis. — 17. 

Noes — Messrs. Ames, Ashe, Baldwin, Benson, Fitzsimons, Giles, 
Goodhue, Gordon, Greenup, Gregg, Grove, Hartley, Heister, 
Hillhouse, Hindman, Kitchell, Lawrance, Learned, Leonard, 
Macon, Madison, Mercer, Milledge, Moore, Murray, Niles, Orr, 
Page, Parker, Schoonmaker, Sedgwick, I. Smith, Steele, That- 
cher, Tredwell, Wadsworth, Ward, White, Williamson. — 39. 

The bill was then ordered to be read the third time, and on H. Journal, 
the 23d, it was read the third time, and. on the question of its P-715,716. 
passage, the decision was as follows : — 

Ayes — Messrs. Ames, Ashe, Baldwin, Benson, Boudinot, Clarke, 
Fitzsimons, Giles, Goodhue, Gordon, Greenup, Gregg, Griffin, 
Grove, Hartley, Key, Kitchell, Lawrance, Learned, Leonard, 
Macon, Madison, Mercer, Moore, Muhlenberg, Murray, Niles, 
Orr, Parker, Schoonmaker, Sedgwick, Silvester, I. Smith, Steele, 
Sterrett, Tredwell, Ward, White, Williamson.— 39. 

Noes — Messrs. Barnwell, S. Bourne, B. Bourne, Dayton, Gerry, 
Gilman, Hindman, Huger, Lee, Livermore, W. Smith, Sturges, 
Sumpter, Thatcher, Tucker, Venable, Willis. — 17. 



In the message of the President opening the second session of 1790. 



. the first Congress, the necessity of affording facilities to the in- s. Journal, 

Inter- tercourse with foreign nations, is urged in the following extract : P* 103 * 



COURSE. 



s " ^ ne interests of the United States require that an inter- H. Journal, 

tionofPre- course with other nations should be facilitated by such provisions p * 135, 
as will enable me to fulfil my duty, in that respect, in the man- 
ner which circumstances may render most conducive to the pub- 
lic good ; and, to this end, that the compensation to be made to 
the persons who may be employed, should, according to the na- 
ture of their appointments, be defined by law ; and a competent 
fund designated for defraying the expenses incident to the con- 
duct of our foreign affairs. 



456 HISTORY OF CONGRESS. 



CHAP. IV. Executive Departments— Foreign Intercourse. 1790. 



1st congress. On the 15th of January, it was ordered by the House of Re- H. Journal, 

' presentatives, that a committee be appointed to prepare and p ' 141, 

Committee bring in a bill, or bills, for making compensation to persons em- 
bm! Drepare pl°y e( * * n the intercourse between the United States and foreign 
nations ; and Messrs Sedgwick, Huntington, and Lee, were ap- 
pointed of said committee. Mr. Sedgwick, on the 21st, from Id. p. 144. 
this commitee, presented a bill, providing the means of inter- 
course between the United States and foreign nations, which 
was then read the first time, and on the following day, received 
the second reading, and was committed to a committee of the 
whole house. The bill was considered and discussed in commit- 
tee on the 25th, 26th, and 27th, when several amendments were id.p.146— 
reported, which were agreed to by the house, and the bill was 148, 
Bill order- ordered to be read the third time. On the 24th of March, on id. p. 182. 
readuie-. tne °i ues tion °f the third reading, the bill was recommitted to 
Recommit- Messrs. Sedgwick, Huntington, and Lee; and on the 31st, Mr. id. p. 186. 
C Amenda- Sedgwick, from this committee, reported an amendatory bill to 
toiybill. the same effect, which was then read the first time, and, on the 
following day, was read the second time, and committed to a 
committee of the whole house. The bill was taken up for con- id. p. 202. 
sideration by the house, in committee, on the 27th, when several 205, 
amendments were reported, which were considered and agreed 
to on the 29th, and the bill was then ordered to be engrossed for 
Passed by * ne third reading. The bill was read the third time, and passed, 
House, on the 30th, and was then sent to the Senate for concurrence, s. Journal, 
where it received the first reading on the same day, and, on the P* 136, 
3d of May, was read the second time, and referred to Messrs. Id. p. 138. 
Strong, Ellsworth, Carroll, Maclay, and Few. Mr. Strong made 
a report from this committee on the 7th, and, on the 10th, the id. p. 144, 
Recommit- bill was recommitted. On the 25th, Mr. Strong reported an 145, 
te(1, amendment to the bill, by striking out from the word " always," 

in the 6th line, to the word " also," in the 12th line, inclusive; 
which report was accepted, and the bill being amended accord- 
ingly, was ordered to the third reading. On the following day, 
Amended the bill was read the third time, and passed, as amended. The 
by Senate. House of Representatives, on the 27th, proceeded to consider h. Journal, 
the amendment of the Senate, striking out the following words : — p- 224.225. 

" That the President shall not allow to any minister plenipo- 
tentiary a greater sum than at the rate of nine thousand dollars 
per annum, as a compensation for all his personal services and 
expenses; nor a greater sum for the same, than three thousand 
dollars to a charge des affaires; nor a greater sum than one thou- 



HISTORY OF CONGRESS. 457 



Chap. IV. Executive Departments— Foreign Intercourse. 1790. 



1st congress, sand three hundred and fifty dollars for the same, to any of their 

2d Session. . J . 

secretaries; and that each of the ministers aforesaid, and their 

secretaries, shall be entitled to one quarter's salary, after re- 
ceiving leave to return, or a recall from the court to which they 
may respectively be appointed: Jind provided, also.'* 

House dis- And the question being put on agreeing to this amendment, it 
agree. was decided in the negative, by the following vote: — 

Jiyes — Messrs. Ames, Benson, Cadwalader, Gale, Goodhue, 
Griffin, Hartley, Heister, Huntington, Lawrance, Lee, Parker, 
Partridge, Smith, of South Carolina^ Stone, Trumbull, Vining, 
Wynkoop. — 18. 

Noes — Messrs. Baldwin, Bloodworth, Boudinot, Brown, 
Burke, Carroll, Coles, Contee, Fitzsimons, Floyd, Foster, Ger- 
ry, Gilman, Grout, Hathorn, Huger, Jackson, Leonard, Liver- 
more, Madison, jr., Mathews, Moore, Muhlenberg, Page, Van 
Rensselaer, Schureman, Scott, Sedgwick, Seney, Sherman, Sil- 
vester, Sinnickson, Steele, Sumpter, Thatcher, Tucker, White, 
Williamson.— 38. 
Senate in- So the House resolved to disagree to the amendment of the s. Journal, 
^ Senate. On the 28th, the Senate considered this determination V- 14s7 - 

of the House, and adopted a resolution to insist on their amend- 
ment to the bill. On the same day the subject was again taken h. Journal, 
up for consideration in the House of Representatives, and a mo- P* 227 ' 
tion was made that the House do recede from their disagreement 
to the amendment, when the question being put on this motion, 
it was decided in the negative, by the following vote: — 

Jiyes — Messrs. Ames, Benson, Cadwalader, Clymer, Good- 
hue, Griffin, Huntington, Lawrance, Lee, Parker, Partridge, 
Smith, of South Carolina, Stone, Trumbull, Vining, Wyn- 
_/ koop. — 16. 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Burke, Coles, 
Contee, Fitzsimons, Floyd, Foster, Gerry, Gilman, Grout, Hart- 
ley, Hathorn, Huger, Jackson, Leonard, Livermore, Madison, jr., 
Mathews, Moore, Page, Van Rensselaer, Schureman, Scott, Se- 
ney, Sherman, Silvester, Sinnickson, Smith, of Maryland, 
Steele, Sturges, Sumpter, Thatcher, Tucker, White, William- 
son. — 37. 
House in- The House of Representatives, therefore, determined to insist 
on their disagreement. 

On the 31st, the Senate determined still to insist on their S. Journal, 
Confer- amendment, and to request a conference on the subject, with p ' 
such committee as the House might appoint; and Messrs. King, 
Vol. L— 58 



sist. 



ence. 



458 HISTORY OF CONGRESS. 



CHAP. IV. Executive Departments— Foreign Intercourse. 1790. 



1st congress. Izard, and Read, were appointed managers on the part of the Se 

2d Session. ° 



nate. And the House, having agreed to the said conference, ap- h. Journal, 
pointed Messrs. Gerry, White, and Williamson, to be the mana- P- 231 * 
gers on their part. Mr. King, on the 23d of June, made the fol- 
lowing report: — 

Report in " That the word ' thirty/ line 3d, of the bill, be struck out, s. Journal, 
Senate. and the word < f orty > inserted: that the Senate do recede from P" 104 * 
their amendment on the bill, and that all the words proposed to 
be struck out of the bill by the Senate, except the three last 
words, be expunged, and the following words be inserted in 
their stead: < That, exclusive of an outfit, which shall in no case 
exceed the amount of one year's full salary to the person to whom 
the same may be allowed, the President of the United States 
shall not allow to any minister plenipotentiary, a greater sum 
than at the rate of nine thousand dollars per annum, as a com- 
pensation for all his personal services and other expenses; nor a 
greater sum for the same, than four thousand five hundred dol- 
lars per annum to a charge des affaires; nor a greater sum for 
the same, than one thousand three hundred and fifty dollars per 
annum to any of their secretaries." 

This report was agreed to, and was sent to the House of Re- H. Journal, 
presentatives for their concurrence. P* 251, 

In the House of Representatives, Mr. Gerry made a report 
from the managers, on the 24th ; and, on the next day, the house 
proceeded to consider the amendments of the Senate, and adopted 
the following resolution : — 

" Resolved — That this house do agree to the said amendments, 
with the following amendments ; namely : — 
Amend- " -Line 9th. Strike out the word ' person,' and, in lieu thereof, 
ments of insert ' the minister plenipotentiary or charge des affaires.' 

" Line 19th. Strike out ' any of their secretaries,' and, in lieu 
thereof, insert * the secretary of any minister plenipotentiary.' " 

Senate The Senate, on the 25th, concurred in these amendments, and s. Journal, 
concur. the bill was passed. P' 166> 



2d congress. The President of the United States, in his annual message at 1792. 

2d Session 



the commencement of the second session of the second Congress, s. Journal, 
called the attention of that body to the circumstance of the ex- P* 454, 
piration of the law on this subject, at the close of this session. Pi *6i3. j 
The committee of the whole, to whom this message was referred, 



HISTORY OF CONGRESS. 459 



CHAP. IV. Executive Departments— Foreign Intercourse— Consuls. 1792. 



2d congress, on the 21st of November, 1792, in reference to this subject, re- 
ad Session. 

ported the following resolution: — 

" Resolved — That it is the opinion of this committee, that pro- H. Journal, 
vision be made, by law, for the maintenance of the intercourse p * 
with foreign nations." 

Bill to con- And, on the following day, Messrs. Sedgwick, Dayton, and Leo- id. p. 625. 

tinue and nan ^ were appointed a committee to prepare and bring in a bill 

isting law. pursuant to this resolution. Mr. Sedgwick, accordingly, on the 

7th of December, presented a bill to continue in force, for a li- Id. p. 635. 
mited time, and to amend, the act, entitled " An act providing 
the means of intercourse between the United States and foreign 
nations;" which was then read the first and second time, and was 
committed to a committee of the whole house. On the 17th of id. p. 674. 
January, 1793, the bill was considered in committee of the whole, 
and reported without amendment, and was then ordered to be 
engrossed and read the third time. The bill was read the third 
Passed by time and passed on the 18th, and was sent to the Senate, where s. Journal, 

House, •£ rece i ve( j the first reading on the same day; and, on the 24th, P- 472 * 

the consideration of the bill was resumed, and, after some debate, id. p. 474. 
it was read the second time. On the 31st, the bill was again 477, 479, 
And Se- discussed, and was ordered to the third reading. The bill was 

nate " read the third time and passed on the 5th of February. 



istcongress. Off the 17th of June, 1790, being the second session of the first 1790. 

— essi Congress, the House of Representatives ordered that a commit- H. Journal, 

Consuls, tee be appointed to consider whether any, and what, fees, per- P'| 43,244, 

Committee quisites, or other emoluments, shall be annexed to the offices of 

on subject consul and vice-consul ; and Messrs. Gerry, Boudinot, and Hun- 
of fees. 

tington were appointed of such committee; and, on the 1st of 

July, Mr. Gerry, from this committee, presented a report, which 
was considered on the following day, when the house adopted the 
following resolution : — 
Resolu- " Resolved — That it shall and may be lawful for all consuls and 
vice-consuls of the United States, for every protest or deposition 
relative to letters of attorney, goods, wares, and merchandise, bills 
of exchange, and other marine and mercantile affairs and trans- 
actions, with a certificate thereof, under their hands and seals re- 
spectively, to receive the sum of dollars. 

" Resolved — That citizens of the United States, appointed to re- Id. p. 256. 
side in foreign ports and places, as consuls or vice-consuls of the 
United States, shall be enabled to own any ships or vessels in theif 



tions of 
House 



460 HISTORY OF CONGRESS. 



Chjlp. TV. Executive Departments— Consols. 1790. 



? re«. wn names, or in partnership 'with anv other citizen of the United 
■ States, residing within the said states, and be entitled to all the 
privileges and advantages, in respect to such ships or vessels, as if 
such consuls or vice-consuls, respectively, owning said ships or ves- 
sels, actually resided within any port or place within the United 
States," 

It was then ordered that a bill, or bills, be brought in, pursuant 
to these resolutions, and that Messrs. Gerry. Boudinor, Hunting- 
ton, Wadswortb, and Goodhue, do prepare and bring in the same. 
It was then ordered that it be referred to the said committee to 
report a provision, 

u That, in foreign ports, where the laws of the kingdom or 
state make it necessary that vessels should enter by the medium 
of a consul, and where the laws of such kingdom or state have 
determined that certain fees shall be paid to such consuls, the 
consul of the United States shall be authorized to receive such 
fees; and also, to report what further provision may, in the opi- 
nion of the said committee, be necessary for consuls and vice-con- 
suls of the United States." 

Bill to es- Mr. Gerry, on the loth of July, presented, from this committee, h. Journal, 

^^ an amendatory bill for establishing the fees and perquisites to be F- 
received by consuls and vice-consuls of the United States in fo- 
reign ports, and for other purposes therein mentioned, which was 
then read the first and second time, and committed to a commit- 
tee of the whole house. On the 19th and 20th* the bill was ld.p.273— 
considered in committee of the whole, and several amendments 2r °- 
were reported, when it was ordered to be engrossed, and read 
Passed by the third time. On the 21st, the bill was read the third time and s. Journal, 

House. passed, and sent to the Senate, where it received the first read- P- 18jr - 189 - 
ing on the same day. and was read the second time and commit- 
ted, on the 26th, to Messrs. Morris, King, and Langdon. Mr. id. p. 
King made a report from this committee, on the 2d of August, s. Journal, 

Postponed and it was then ordered that the further consideration of the bill V- 

by Senate. ^ e p 05 tp ned until the next session of Congress, 

3dSesaion. The President of the United States having, in his message at h. Journal, 

Act con- the opening of the third session of this Congress, again called the P- 
cermng attention of Congress to the subject of consuls, it was ordered, on 

the 16th of December, that Messrs. Ellsworth. Hawkins, and s. Journal, 
Schuyler, be a committee to take into consideration, and report P* 222 * 
to the Senate, on that part of the President's speech which re- 
lates to the appointment of consuls. Mr. Ellsworth, on the ?th 



HISTORY OF CONGRESS. 401 



Chap. IV. Executive Departments— Consuls. 1791. 



1st congress, of January, 1791, reported a bill on the subject, which was then s. Journal, 

■ read the first time. On the 12th, the bill was considered, on the p * ' 

question of the second reading, and was recommitted to Messrs. id. p. 232. 
Ellsworth, Morris, Schuyler, Hawkins, and King. Mr. Ellsworth, 
on the 26th, reported amendments, which were adopted, and the 
bill having been amended accordingly, was read the second time, 

Act passed and ordered to the third reading. And on the following day the id. p. 236. 

by Senate, ^-jj was reac j ^ e fljird time and passed. In the House of Re- H. Journal, 
presentatives, this bill was read the first and second time on the p# ° 65 ' 
28th of January, and was committed to a committee of the whole 
house. On the 2d of March, the bill was taken up for conside- 
ration in committee, when several amendments were reported, 
which were agreed to by the house, and the bill was then read id. p. 400. 
the third time, and passed, as amended. The amendments of the 
house were to strike out all the bill, except the first section, and 
to amend the title to read thus : — " An act for carrying into effect s. Journal, 
the convention between his most Christian Majesty and the United {?• 2 "— 
States, respecting consuls and vice-consuls." The first section, 
proposed to be retained, is as follows : — 

Amend- "Sect. 1. Be it enacted, by the Senate and House of Representa- 
men *f P^°" tives of the United States of America, in Congress assembled — That 
House. where, in the seventh article of the said convention, it is agreed 
that there shall be no consul or vice-consul of the most Christian 
King, to attend to the saving of the wreck of any French ves- 
sel stranded on the coasts of the United States, or that the resi- 
dence of the said consul or vice-consul (he not being at the place 
of the wreck) shall be more distant from the said place than 
that of the competent judge of the country, the latter shall im- 
mediately proceed to perform the office therein prescribed : the 
nearest district judge of the United States shall proceed therein, 
according to the tenor of the said article. The district judges 
of the United States shall also, within their respective districts, 
be the competent judges for the purposes expressed in the ninth 
article of the said convention, and it shall be incumbent on them 
to give aid to the consuls and vice-consuls of his most Christian 
Majesty, in arresting and securing deserters from vessels of the 
French nation, according to the tenor of the said article. 

" And where, by any article of the said convention, the con- 
suls and vice-consuls of his most Christian Majesty are entitled 
to the aid of the competent executive officers of the country, in 
the execution of any precept, the marshals of the United States, 
and their deputies, shall, within their respective districts, be the 



462 HISTORY OF CONGRESS. 



Chap. IV. Executive Departments— Consuls. 1791. 



1st congress, competent officers, and shall give their aid according to the te- 

3d Session. r .* j • i l* 

nor of the stipulations. 

Amend- a A, n d whenever commitments to the iails of the countrv shall 

merits pro- . - . „ 

posed by become necessary, in pursuance of any stipulation of the said 
House. convention, they shall be to such jails within the respective dis- 
tricts as other commitments under the authority of the United 
States are by law made." 

And the sections proposed to be stricken out are the follow- 
ing:— 
Sections "Sect. 2. And, for the direction of the consuls and vice-con- s. Journal, 

by 0P °the d Suls of the United StateS > in Certain CaSeS ' P ' 30 °' 

House to " Be it enacted, by the authority aforesaid — That they shall 

out^ 6n ^ ave right m tne ports or places to which they are, or may be, 
severally appointed, of receiving the protests or declarations, 
and all other acts, which such captains, masters, crews, passen- 
gers, and merchants, as are citizens of the United States, may 
respectively choose to make there: and also their testaments and 
other disposals by last will; and the copies of the said acts, duly 
authenticated by the said consuls or vice-consuls, under the seal 
of their consulates, respectively, shall be evidence in all courts 
of justice in the United States. It shall be their duty, in case 
of the absence of the legal representative, and where the laws of 
the country permit, to take possession of the 'personal estate left 
by any citizen of the United States, who shall die within their 
consulate: they shall inventory the same, with the assistance of 
two merchants of the United States, or, for want of them, of 
any others at their choice: shall collect the debts due to the 
deceased, in the country where he died, and pay the debts due 
from his estate, which he shall have there contracted: shall sell 
such part of the estate as shall be of a perishable nature, and 
such further part, if any, as shall be necessary for the payment 
of his debts; and at the expiration of one year from his decease, 
the residue, and the balance of the estate, they shall transmit to 
the treasury of the United States, to be holden in trust for the 
legal claimants. But if, at any time before such transmission, 
the legal representative of the deceased shall appear and demand 
his effects in their hands, they shall deliver them up, being paid 
their fees, and shall cease their proceedings. 

ie For the information of the representative of the deceased, 
it shall be the duty of the consul or vice-consul, authorized to 
proceed as aforesaid in the settlement of his estate, immediately 
to notify his death in one of the gazettes published in the con- 



HISTORY OF CONGRESS. 463 



Executive Departments— Consuls. 1791. 



1st congress, sulate, and also to the secretary of state, that the same may be no- 
tified in the state to which the deceased shall belong; and he shall, 
also, as soon as may be, transmit to the secretary of state an in- 
ventory of the effects of the deceased, taken as before directed. 

" Sect. 3. Jind be it further enacted — That the said con- 
suls and vice-consuls, in cases where ships or vessels of the 
United States shall be stranded on the coasts of their consulates, 
respectively, shall, as far as the laws of the country will permit, 
take proper measures, as well for the purpose of saving the said 
ships or vessels, their cargoes and appurtenances, as for storing 
and securing the effects and merchandise saved; and such inven- 
tory or inventories thereof, taken as aforesaid, shall, after deduct- 
ing therefrom the expense, be delivered to the owner or owners: 
Provided — That no consul or vice-consul shall have authority to 
take possession of any such goods, wares, merchandise, or other 
property, when the master, owner, or consignee thereof, is pre- 
sent, or capable of taking possession of the same. 

" Sect. 4. Jind be it further enacted — That it shall and 
may be lawful for every consul and vice-consul of the United 
States, to take and receive the following fees of office, for the 
services which he shall have performed. 

" For authenticating, under the consular seal, every protest, 
declaration, letter of attorney, last will and testament, depo- 
sition, or other act, which such captains, masters, mariners, sea- 
men, passengers, merchants, or others, as are citizens of the 
United States, may respectively choose to make, the sum of two 
dollars. 

u For the taking into possession, inventorying, selling, and 
finally settling and paying, or transmitting as aforesaid, the ba- 
lance due on the personal estate left by any citizen of the United 
States, who shall die within the limits of his consulate, five per 
centum on the gross amount of such estate. 

"For taking into possession, and otherwise proceeding on 7 
any such estate which shall be delivered over to the legal repre- 
sentative before a final settlement of the same, as is hereinbe- 
fore directed, two and a half per centum on such part delivered 
over as shall not be in money, and five per centum on the gross- 
amount of the residue. 

" And it shall be the duty of the consuls and vice-consuls of 
the United States, to give receipts for all fees which they shall 
receive by virtue of this act, expressing the particular services 
for which they are paid. 

M Sect. 5. Jind be it further enacted — That, in case it be 



4 C>4 HISTORY OF GCHKSHBBL 



C*AP.IV. ~z i:.:.-- Z~.:;r.-_i:-. :~— :i?. = 1' 1 



found necessary for the interest of the United States, that a con- 
sal or consols be appointed to reside on the coast of Barbary, 



^J—*? 15 the President be authorized to allow an annual salary, not ex- 
br the ceeding two thousand dollars, to each person so to be appointed: 
[Je^^^l Prodded — That such salary be not allowed to more than one 
consul for any one of the stales on the said coast. 

"Sect, & Ami be it further enacted— That every consul and 
vice-consul shall, before they enter on the execution of their 
trusts, or if already in the execution of the same, within one 
year from the passing of this act, or if resident in Asia, within 
two years, give bond, with such sureties as shall be approved by 
the secretary of state, in a sum not less than two thousand, nor 
more than ten thousand dollars, conditioned for the true and 
faithful discharge of the duties of bis office, according to law, 
and also for truly accounting for all moneys, goods, and effects, 
which may come into Ins possession by virtue of tins act, and the 
said bond shall be lodged in the office of the secretary of the 
treasury. 

u SedL 7. And be it further enacted— That, to prevent the ma- 
riners and seamen employed in vessels belonging to citizens of 
the United States, in cases of shipwreck, sickness, or captivity, 
from suffering in foreign ports, it shall be the duty of the con- 
suls and vice-consuls, respectively, from time to time, to provide 
for them, in the most reasonable manner, at the expense of the 
United States, subject to such instructions as the secretary of 
state shall give, and not exceeding an allowance of twelve cents 
to a man per diem, and all masters and commanders of vessels be- 
longing to citizens of the United States, and bound to some port 
of the same, are hereby required and enjoined to take such ma- 
riners or seamen on board of their ships and vessels, at the re- 
quest of the said consuls or vice-consuls, respectively, and to 
transport them to the port in the United States to which such 
ships or vessels may be bound, free of cost or charge ; but that 
the said mariners or seamen shall, if able, be bound to do duty 
on board such ships or vessels, according to their several abili- 
ties : Proridedj that no master or captain of any ship or vessel 
shall be obliged to take a greater number than two men to eve- 
ry one hundred tons' burden of said ship or vessel, on any one 
voyage ; and if any such captain or master shall refuse the same, 
on the request or order of the consul or vice-consul, such cap- 
tain or master shall forfeit and pay the sum of thirty dollars for 
each mariner or seaman so refused; to be recovered for the be- 
nefit of the United States, by the said consul or vice-consul, in 
his own name, in any court of competent jurisdiction. 



HISTORY OF CONGRESS. 465 



Chap. IV. Executive Departments— Consuls. 1791. 



1st congress. « Sect. 8. And be it further enacted — That citizens of the United 

3d Session. t J 

" States, appointed to reside in foreign ports and places, as consuls 
pr0 posed nS or vice-consuls of the United States, shall be enabled to own 
by the any ships or vessels in their own names respectively, or in part- 
bc°stricken nersm P w ^ n an y other citizen or citizens of the United States, 
out. residing within the said states, and be entitled to all the privi- 

leges and advantages, in regard to such ships or vessels, as if 
such consuls or vice-consuls, owning such ships or vessels, actu- 
ally resided within any port or place within the United States, 
any law to the contrary notwithstanding. 

(i Sect. 9. And be it further enacted — That where a ship or ves- 
sel belonging to citizens of the United States, is sold in a foreign 
port or place, the master, unless the crew are liable by their 
contract, or do consent to be discharged there, shall send them 
back to the state where they entered on board, or furnish them 
with means sufficient for their return, to be ascertained by the 
consul or vice-consul of the United States having jurisdiction of 
the port or place. And, in case of the master's refusal, the said 
consul or vice-consul may, (if the laws of the land permit it,) 
cause his ship, goods, and person, to be arrested, and held until 
he shall comply with his duty therein, 

" Sect. 10. And be it further enacted — That the specification of 
certain powers and duties in this act, to be exercised or per- 
formed by the consuls and vice-consuls of the United States, 
shall not be construed to the exclusion of others, resulting from 
the nature of their appointments, or any treaty or convention 
under which they may act." 

Senate dis- The Senate, having considered these amendments of the 
agree. House, determined not to agree to them. The House, on the h. Journal, 
House m- same ^ay, adopted a resolution to insist on their amendments]: P- 401 * 

and a communication to this effect being received by the Senate, 
Senate ad- that body resolved to adhere to their disagreement to the amend- g. journal, 
here - ments. P- 304. 

House ad- On the 3d of March, the House of Representatives, also, de- h. Journal, 
here. termined to adhere to their amendments, and thus the bill was p-403. 

lost. 
Bill to The House of Representatives, on the same day, granted leave id. p. 406. 
carry into to bring in a bill or bills for carrying into effect a consular con- 
vention vention between His Most Christian Majesty and the United 

^ ith States; and Messrs. Smith, of South Carolina, Madison, and Vi- 

France. . 

ning, were instructed to prepare and bring in the same. Mr. 

Smith shortly afterwards presented a bill, which was read the 
Vol. L— 59 



466 HISTORY OF CONGRESS. 



CHAP. IV. Executive Departments— Consul?. 1791. 



1st congress, first, second, and third time, and passed on the same day. This 

3d Se ssion. 7 . r J 

— 7 bill was in the same words as the first section of the bill which 

Bill passed 

by House, """as lost on the same day. Being transmitted to the Senate, it s. Journal, 

was there read the first time, and, on the question of its second P- 311 > 312 - 

reading, the vote of the Senate stood thus: — 

Teas — Messrs. Carroll, Dalton, Foster, Hawkins, Henry, 
Johnston, Izard, Langdon, Lee, Maclay, Monroe, Stanton, 
Strong.— 13. 

Nays — Messrs. Bassett, Ellsworth, Johnson, King, Morris, 
Schuyler. — 6. 

The question was, therefore, decided in the negative, the rule 

rendering it necessary that there should be unanimous consent 

for reading a bill the second time, on the same day. And this 

Postponed being the last day of the session, the bill, consequently, was post- 
in Senate. p0Qed ti jj the next session> 



sd confess. At the commencement of the first session of the second Con- 

Ist Session. m 

~ gress, the subject of consuls was again brought before the Senate, 
ceming as on e of the items of business in which it would be proper for 
consuls. the Senate to proceed ; and Messrs. Morris, Cabot, and Ellsworth, id. p. 335. 
were appointed a committee to report a bill concerning consuls 
and vice-consuls. On the 14th of November, 1791, Mr. Mor- id. p. 340, 
ris, from this committee, reported a bill pursuant to this in- 3 * 
struction, which was then read the first time, and on the 15th 
and 16th, the question of the second reading was before the Se- 
nate, when the bill was committed to Messrs. Burr, Ellsworth, 
Strong, Morris, and Monroe, to report generally thereon. On 
the 28th, Mr. Burr reported sundry amendments, which were id. p. 343. 
Passed by agreed to, and on the 29lh, after the adoption of other amend- 
Senate, m ents, the bill was read the third time and passed, being si- 
milar to the bill which was passed by the Senate at the pre- 
ceding session of Congress. In the House of Representatives h. Journal, 
this bill was read the first and second time on the 30th of P- 465 - 
November, and was committed to a committee of the whole 
House: the bill was taken up and considered in committee on 
the 9th of April, 1792, when several amendments were reported ; id. p. 571. 
And by and having been agreed to by the House, the bill was ordered to 
House. the third reading, and was read the third time on the following 

day; and on the same day, the Senate concurred in the amend- S. Journal, 
ments of the House of Representatives. p * 4< 



t~o. 



HISTORY OF CONGRESS. 467 



Chap. IV. Executive Departments— Mint. 1790. 



1st congress. On the 7th of April, 1790, at the second session of the first H. Journal, 

Congress, a member from South Carolina presented to the House P" 

Mint, of Representatives a letter addressed to him from John H. 
Boulton's Mitchell of that state, stating proposals from Matthew Boulton, 
foTsu^ly- of the kin g dom of Great Britain, for supplying the United States 
ing copper with copper coinage, to any amount that government should 
coinage, think fit to contract with him for, upon the terms therein men- 
tioned. The letter and proposals were referred to the secretary 
of state, with an instruction to examine the same and report his 
opinion to the House. The secretary of state made his report 
on this subject on the 15th, when the House adopted an or- 
Call on se- der, " That it be an instruction to the secretary of the treasury 
cretary of ^ p re pare and report to this house a proper plan or plans for the 
establishment of a national mint." 

3d session. On the 30th of January, 1791, the speaker laid before the 1791. 

Secretary's House of Representatives the report of the secretary of the trea- h. Journal, 

report. sury, on the subject of the establishment of a mint, made pursu- P- 366 « 
ant to the above order of the House. This report of the secre- 
tary having been communicated to the Senate, was there referred g. journal, 
Commit- to Messrs. Morris, Izard, King, Monroe, and Schuyler, to consi- P-239. 

nate" 1 Se ' ^ er an( * re P ort w ^ at was proper to be done. Mr. Morris made 

a report from the committee, on the 1st of March, which was ia, p , 29% 
Report a- taken up on the following day, for consideration, and was agreed 303 * 

greed to. to> ^j^ House then adopted the following resolutions: — 

Resolu- u Resolved, by the Senate and House of Representatives of 

tionsofSe- tfa United States of America, in Congress assembled — That 

nate. 

a mint shall be established, under such regulations as shall be di- 
rected by law. 

" Resolved — That the President of the United States be, and 
he is hereby, authorized to cause to be engaged such artists and 
workmen as shall be necessary to carry the preceding resolution 
into effect, and to stipulate the terms and conditions of their ser- 
vices, and also to cause to be procured such apparatus as shall be 
requisite for the same purpose." 

These resolutions being transmitted to the House of Represen- h< Journal, 
tatives for concurrence, the second resolution was there amended, P- 402 - 
by inserting after the word "such," the word "principal;" and 
Adopted tne question, on the adoption of the resolutions, was then decided 
by House. j n the affirmative, by the following vote: — 

Jiyes — Messrs. Boudinot, Cadwalader, Clymer, Contee, Fitz- 
simons, Floyd, Gale, Oilman, Griffin, Hartley, Lawrance, Lee, 



468 HISTORY OF CONGRESS. 

CHAP. IV. Executive Departments— Mint. 1791. 



1st congress. Muhlenberg, Scott, Sedgwick, Seney, Sevier, Silvester, Smith, 
~ of Maryland, Smith, of South Carolina, Steele, Trumbull, 

Vining, Wadsworth, Wynkoop. — 25. 

Noes — Messrs. Ashe, Baldwin, Burke, Foster, Giles, Hathorn, 

Heister, Huntington, Jackson, Leonard, Livermore, Moore, 

Partridge, Van Rensselaer, Schureman, Sherman, Sinnickson, 

Sumpter, Tucker, White, Williamson. — 21. 

It was also determined to amend the second resolution by ex- s. Journal, 

punging the words " and workmen." In these amendments of p " 

the House the Senate concurred. 



2d congress. At the commencement of the first session of the second Con- 1791-92. 

1st Session. 



gress, the necessity for the establishment of a mint was strongly h. Journal, 
Bill to ea- urged by the President of the United States in his annual mes- P* 438 * 
tablish the sage# ^ n( j on ^ 3 lsfc f October, 1791, it was ordered by the S. Journal, 
Senate that Messrs. Morris, King, Izard, Cabot, and Henry, be p * '* 
a committee to take into consideration the subject of a mint, 
and to report a bill thereon, if they think proper. Mr. Morris, id. p. 332. 
on the 21st of December, from this committee, reported " a bill id. p. 359. 
establishing a mint, and regulating the coins of the United 
States," which was then read the first time. The further conside- 
ration of this bill was continued on the 26th and 27th of Decern- id. p. 361, 
ber, and on the 2d, 3d, 4th, and 5th of January, when it was Id ' 3g3 
ordered to the third reading, and on the question of the third p. 364. 
reading, on the 9th, the following amendments were agreed to: — 

" Sect. 1. From line 14, expunge to the end of the section, 
and make the following the second section; to wit: — 

" Sect. 2. Jind be it further enacted — That the director of 
the mint shall employ as many clerks, workmen, and servants, 
as he shall, from time to time, find necessary, subject to the ap- 
probation of the President of the United States." 

And to number the subsequent sections accordingly. 
Amended. ^ was moved further to amend the sixth section, by inserting, 
after the word " accounts," in the amendment, these words: — 

"Of the disbursements of the said mint shall be rendered by 
the director thereof, at the treasury of the United States, for 
settlement according to the rules prescribed for the adjustment 
of accounts against the United States, in other cases. And the 
said director shall, likewise, once in each year, make a report to 
Congress of the transactions of the said mint, accompanied by 



HISTORY OF CONGRESS. 4(59 



CHAP. IV. Executive Departments— Mint. 1792. 



2d congress, an abstract of the settlement of said disbursements, which ab- 

1st Session. 

stract shall be certified by the comptroller of the treasury. 
But this motion was decided in the negative. 

Motions to It was then moved to amend the 9th section of the original 
amend. D jH ; as follows: — 

" Line 9. Strike out the words i and silver.' 

" And after the. word < America/ in the 11th line, erase to the 
end of the section, and in lieu thereof, insert, ' And upon the 
reverse of each of the said silver coins, in the centre of the ex- 
ergue, there shall be an engraving of two hands united, and 
around the margin of the piece as many circles linked together, 
as there shall be states in the Union at the time of the coinage, 
each circle containing the initial letters of the name of its re- 
spective state; and between the representation of the united 
hands and the circles aforesaid, there shall be this inscription in 
an annular form, ' Dollar of the United States of America,' 
where the coinage shall be of a dollar; but where the coinage 
shall be of parts of a dollar, expressing the same, accordingly. 

il And, on the reverse of each of the said copper coins, there 
shall be a representation of America, in the usual female figure of 
Justice holding the balanced scales, with this inscription, i To all 
their due;' and around the margin this legend, expressive of the 
denomination of the piece, < Cent of the United States of Ame- 
rica,' or half cent, as the case may be." 

This motion, also, was decided in the negative. 

The bill was taken up again on the 12th, and, after being fur- 
ther amended, was read the third time, and passed. 

In the House of Representatives this bill was read the first and H . Journal 
second time, on the 13th of January, and was committed to a P- 491 » 
committee of the whole house ; and on the 24th of March, the id. p. 547. 
hill was taken up and considered in committee, and was reported 
with the following amendment :■— 

" In the tenth section, strike out the words, * or representation 
of the head of the President of the United States for the time 
being, with an inscription, which shall express the initial or first 
letter of his Christian or first name, and his surname at length, 
the succession of the presidency numerically,' and in lieu thereof, 
insert ' Emblematic of Liberty, with an inscription of the word 
Liberty.'" 

A division on this question having been demanded, the question 
was first taken on striking out the words which have been re- 



470 HISTORY OF CONGRESS. 



Chap. IV. Executive Departments— Mint. 1792. 



2d confess, cited above, and this question was decided in the affirmative, by h. Journal. 

1st Sess ion. x J _,q * 

~ ~ the following vote: — P* ^ a * 

in House. Ayes — Messrs. Baldwin, Clarke, Fitzsimons, Giles, Gregg, Heis- 
ter, Key, Kitchell, Kittera, Lawrance, Lee, Macon, Madison, 
Moore, Niles, Page, Seney, Jere. Smith, Sterrett, Sumpter, Tred- 
well, Tucker, Venable, White, Williamson, Willis. — 26. 

Noes — Messrs. Barnwell, Benson, Boudinot, S. Bourne, B. 
Bourne, Brown, Gilman, Goodhue, Hartley, Hillhouse, Huger, 
Jacobs, Learned, Livermore, Schoonmaker, Sedgwick, Wm. 
Smith, Sturges, Silvester, Thatcher, Wadsworth, Ward. — 22. 

The motion to strike out having been agreed to, the question 
was then taken on the motion to insert the substitute which has al- 
ready been recited, and decided in the affirmative, as follows : — 

Ayes — Messrs. Baldwin, Barnwell, B. Bourne, Brown, Clarke, 
Fitzsimons, Giles, Gilman, Goodhue, Gregg, Hartley, Heister, Hill- 
house, Huger, Jacobs, Key, Kitchell, Kittera, Lawrance, Lee, 
Macon, Madison, Moore, Niles, Page, Schoonmaker, Sedgwick, 
Seney, Jere. Smith, Wm. Smith, Sterrett, Sturges, Sumpter, Sil- 
vester, Tredwell, Tucker, Venable, "Wadsworth, Ward, White, 
Williamson, Willis.— 42. 

Noes — Messrs. Benson, Boudinot, S. Bourne, Learned, Liver- 
more, Thatcher. — 6. 

The bill was then ordered to the third reading. And on the id. p. 549. 
26th, the bill was read the third time ; and the question being 
put on its passage, it was decided in the affirmative, by the fol- 
lowing vote:— 

Ayes — Messrs. Ames, Ashe, Baldwin, Barnwell, Benson, Boudi- 
not, S. Bourne, B. Bourne, Brown, Gerry, Gilman, Goodhue, 
Hartley, Heister, Huger, Key, Kittera, Lawrance, Learned, Li- 
vermore, Mercer, Muhlenberg, Page, Sedgwick, Wm. Smith, 
Sterrett, Sturges, Silvester, Vining, W'adsworth, Ward, William- 
son.— 32. 

Noes — Messrs. Clarke, Findley, Giles, Gordon, Grove, Hill- 
house, Jacobs, Kitchell, Lee, Macon, Madison, Moore, Niles, Par- 
ker, Schoonmaker, Seney, Israel Smith, Sumpter, Thatcher, 
Tredwell, Venable, White.— 22. 
Senate dis- The bill having been returned to the Senate with the amend- s. Journal, 
agree. ment, it was, on the same day, resolved, that the Senate disagree P* 416 ' 

to the amendment. The amendment was then returned to the h. Journal, 
house, where it was moved that the house recede from their P- 55 °- 
amendment, and the question being taken on this motion, it was 
decided in the negative, by the following vote : — 

Ayes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne. 



HISTORY OF CONGRESS. 47 1 



Chip. IV. Executive Departments— Mint. 1792. 



ed congress. B. Bourne, Fitzsimons, Gerry, Gilman, Goodhue, Hartley, Hill- 
house, Huger, Jacobs, Kittera, Learned, Livermore, Sedgwick, 
Wm. Smith, Sturges, Silvester, Thatcher, Wadsvvorth, Ward. 
—24. 

Noes — Messrs. Ashe, Baldwin, Brown, Clarke, Giles, Gordon, 
Gregg, Griffin, Grove, Heister, Key, Kitchell, Lee, Macon, Ma- 
dison, Mercer, Moore, Murray, Niles, Page, Parker, Seney, Jere. 
Smith, I. Smith, Steele, Sumpter, Tredwell, Tucker, Venable, 
Vining, White, Williamson. — 32. 
House ad- ^ was tnen resolved that the house adhere to the said amend- h. Journal, 
here. ment, and on the 27th, the Senate determined to recede from P- 551, 

their disagreement to the amendment, s ' i?g irnaI ' 

On the 30th of April, the Senate, on motion, adopted the fol- 
lowing order :— 
Billregula- " Ordered — That Messrs. Morris, King, Izard, Cabot, and Hen- 
ting rVj De a committee to inquire into the value of foreign coins in 
coins. circulation within the United States, and, if they should think it 
expedient, to report a bill for ascertaining the rates at which 
they ought to pass, in conformity to the principles of an act, 
passed the present session, entitled * An act establishing a mint, id. p, 434, 
and regulating the coins of the United States,' and also to report 4 35 - 
such other provisions as they shall think necessary for carrying 
into effect the intentions of the said act. Mr. Morris, on the 
3d of May, reported a bill, which was then read the first and se- id, p.'437, 
cond time, and being amended, was, on the following day, read 438, 
Passed by the third time, passed, and sent to the House of Representatives, h. Journal, 
Senate, where it was, on the 7th, read the first and second time, com- p« 601.603, 
mitted, considered in committee, and reported without amende 
ment, and, after being amended, was read the third time, and 
And by passed. On the same day, the Senate concurred in the amend- s. Journal 
House. ments of the House. P- 442> 

2d session. At the opening of the second session of the second Congress, 
President's ^ ne message of the President of the United States contained the 
message, following reference to the mint : — 

Bill to a- " I n execution of the authority given by the legislature, mea- s. Journal, 
mend act S ures have been taken for engaging some artists from abroad to P- 454 * 

establish- . 

ingamint. aid in the establishment of our mint; others have been employed h. Journal, 
at home. Provision has been made of the requisite buildings, and P- 613 * 
these are now putting into proper condition for the purposes of 
the establishment. There has also been a small beginning in 
the coinage of half dimes, the want of small coins in circula- 
tion calling the first attention to them. 



472 HISTORY OF CONGRESS. 



Chap. IV. Executive Departments— Mint. 1792. 



2d congress. " The regulation of foreign coins, in correspondence with the 

2d Session. ° ... . . * . , 

principles of our national coinage, as being essential to their due 

operation, and to order in our money concerns, will, I doubt not, 
• be resumed and completed." 

On the 30th of November, 1792, the House of Representa- H. Journal, 
tives adopted an order, that a committee be appointed to pre- pt 63 °* 
pare and report a bill to amend the act establishing a mint, and 
regulating the coins of the United States, so far as respects the 
copper coinage ; and Messrs. Williamson, Page, and Kittera, 
were appointed of this committee. And, on the 31st of Decern- id. p. 657. 
ber, Mr. Williamson, from this committee, presented a bill, in 
conformity with this instruction, which was read the first and se- 
cond time, and committed to a committee of the whole house. 
The committee considered this bill on the 1st of January, 1793, id. p. 658. 
and having gone through with it, reported several amendments, 
BUI passed wn ^ cn were then agreed to; and the bill was ordered to be read 
by House, the third time. The bill was passed on the 2d, and was sent to id. p. 660. 
the Senate for concurrence, where, on the same day, it was read s. Journal, 
the first time, and, on the next day, received the second reading, P- 467 * 
and was committed to Messrs. Morris, Cabot, and Johnston, to 
consider and report generally thereon. Mr. Morris, on the 9th, id. p. 469. 
reported the bill without amendment. The bill was then amend- 
ed as follows :— 

" Strike out ' eight pennyweights and sixteen grains,' lines 3 
and 4, and insert in place of these words, ' two hundred and 
eight grains.' 

" Line 5. Strike out these words, ' four pennyweights and eight,' 
and insert, in place of these words, ' one hundred and four.' " 

Passed bv ^" nc * * ne ^' as am ended, was then read the third time, and h. Journal, 
■.Senate. passed. On the same day, the House of Representatives agreed P* 667% 
to these amendments. 

The Senate also took up the subject recommended in the s. Journal, 
message of the President. And on the 12th of November, 1792, P- 458 - 
Messrs. Cabot, Henry, and Morris, were appointed a committee 
Senate bill to report a bill regulating foreign coins, and for other purposes, 
kt". regU " This bill was reported on the following day, by Mr. Cabot, when 
foreign it was read the first time ; and was read the second and third 
coms ' time, and passed, on the two next succeeding days. In the 
Senate! 7 House of Representatives, on the 16th and 19th, the bill was H. Journal, 
read the first and second time, and committed to a committee of P- C20 > 621 - 
the whole house. In committee, the bill was considered on the 
26th, when several amendments were reported, which were id. p. 627. 



HISTORY OF CONGRESS. 473 



Chap. IV. Executive Departments— Mint— Treasury Regulations, 1792-93. 



2d congress, agreed to : and the bill was then ordered to the third reading. 

1st Session. =J . — '».»* tt 

The question on the third reading being before the House, on 

the 28th, it was moved and agreed to, that the bill be recommit- H. Journal, 
ted to a committee of the whole house, on the first Monday of p ' 
January next. In the mean time, on the 8th of January, the 
speaker laid before the House a letter from the secretary of 
state, accompanying a report of the assays and experiments 
made by the director of the mint, on the gold and silver coins 
of France, England, Spain, and Portugal, made in pursuance of 
a resolution of the house, of the 29th of November, calling on Id. p. 630. 
the President for the information contained in this report. On 666 ' 
the 29th of January, 1793, the House again, in committee of the 
whole, resumed the consideration of the Senate bill, and report- 
Bill passed ed several amendments, which were agreed to by the House; Id. p. 685. 
by House. an( j ^ ne D j]] j j n its amended form, was then passed. The Senate 
proceeded to the consideration of the amendments of the House 
on the 31st, and resolved to concur in them, with an amendment s. Journal, 
to their last amendment ; to wit : line 4, strike out the words p * 
" be made," and insert, " commerce," so that the clause be read 
as follows : — 

" And be it further enacted — That the assay, provided to be 
made by the act, entitled * An act establishing a mint, and re- 
gulating the coins of the United States,' shall commence in the 
manner, as by the said act is prescribed, on the second Monday 
of February, annually ; any thing in the said act to the contra- 
ry notwithstanding." 

And, on the 1st of February, the House concurred in this h. Journal, 
amendment. P- 688 - 



1st congress. On the 9th of September, 1789, a motion was made in the 1739. 
- — JSBl. House of Representatives, in the following words: — 

Motion as "That money shall not be drawn from the treasury of the h. Journal, 
to drawing: United States, unless by appropriations made, or particularly P* 106, 
from trea- confirmed by acts of Congress, subsequently to the 4th of March 
_ sul 7- last." 

This motion was referred to Messrs. Huntington, Burke, and 
Griffin, for their examination and report; but there seems to have 
been no separate action on the subject by the House. 

Vol. I.— 60 



474 HISTORY OF CONGRESS. 



Chap. IV. Executive Departments— Regulations concerning Treasury. 1791. 



2«i congress. The three following motions were submitted to the House of 

1st Session. , ° _ 

~~ Representatives, on the 6th of December, 1791: — 

Motions " First. That a committee be appointed to examine and report 
concerning U p 0n tne gtate f t ] ie t reaS ury department, and that such com- 
sury. mittee be appointed on the second Monday after the meeting of 

Congress, in every session. 

" Secondly. That it shall be the duty of the secretary of the H. Journal, 
treasury to report to this House, on the third Monday of every P- 468 - 
annual session of Congress, a regular statement and account of 
the receipts and expenditures of all public money, for the pre- 
ceding year, as far as the same can be then ascertained; and as soon 
thereafter as circumstances will permit, of such receipts and ex- . 
penditures as cannot be specified in the first statement. 

" Thirdly. That, within the month of January, in each year, 
if Congress shall be then in session, or, if not then in session, 
within the first week of each succeeding session, the secretary of 
the treasury shall lay before the House of Representatives an ac- 
curate statement of receipts and expenditures down to the last 
day of the month of December, immediately preceding, including 
the said day; in which statement shall be distinguished the ex- 
penditures which fall under each head of appropriation, and shall 
be shown the sums, if any, which remain unexpended of such 
appropriations; and that a committee be thereupon forthwith ap- id. p. 469. 
pointed to examine the said statement, and report concerning the 
same to the House, and that this be considered as a standing or- 
der. 7 ' 

Commit- These motions were referred to Messrs. Gerry, Dayton, and id. p. 480. 
ted# Barnwell, for their examination, and report on the subject; and 

Mr. Gerry, from this committee, on the 22d of December, made 
a report, which was considered on the 30th, when the House 
adopted the following resolution: — 

Resolu- " Resolved — That it shall be the duty of the secretary of the id. p. 482. 
t-.on of treasury to lay before the House of Representatives, on the fourth 
Monday of October, in each )^ear, if Congress shall be then in 
session, or if not then in session, within the first week of the 
session next following the said fourth Monday of October, an ac- 
curate statement and account of the receipts and expenditures 
of all public moneys, down to the last day inclusively of the 
month of December, immediately preceding the said fourth Mon- 
day of October, distinguishing the amount of receipts in each id. p. 484. 
state or district, and from each officer therein; in which state- 
ments shall also be distinguished the expenditures which fall un- 



HISTORY OF CONGRESS. 475 



Chap. IV. Executive Departments— Treasury. 1791. 



2d Congress, der each head of appropriation, and 6hall be shown the sums, if 

1st Session. rr r 7 

any, which remain unexpended, and to be accounted for in the 
next statement, of each and every of such appropriations. 



ist congress. On the 8th of February, 1790, the following memorial of Ro- 1790. 
M Se3Sion - ' bert Morris was read in the Senate:— 

" To the President, the Senate, and House of Representa- 
tives of the United States of America : — 

"The memorial of Robert Morris, late superintendent of the 

finances of the said United States, humbly shewtth : — 

,, . t " That, on the twentieth of June, one thousand seven hundred S. Journal, 
Memorial ' 7 ... n 111 112 

of Robert and eighty-five, and subsequently to your memorialist's resigna- * ' ' 

tion of his office of superintendent, the Congress passed a resolu- 
tion, in the words following: ' Resolved — That three commission- 
ers be appointed to inquire into the receipts and expenditures of 
public moneys during the administration of the late superintendent 
of finance, and to examine and adjust the accounts of the United 
States with that department, during his administration, and to 
report a state thereof to Congress;' which resolution, to persons 
unacquainted with the nature of the office, and the mode of con- 
ducting the business of the department, gave occasion to the sup- 
position that your memorialist had accounts both difficult and im- 
portant to settle with the United States, in respect to his official 
transactions. That, though your memorialist foresaw the disa- 
greeable consequences which might result to himself, from the 
diffusion of such an opinion, he, notwithstanding, not only for- 
bore any representation on the subject, but scrupulously avoided 
every species of interference, direct or indirect, lest it should be 
imagined, either that he was actuated by the desire of obtaining 
from Congress those marks of approbation which had, in repeat- 
ed instances, been bestowed on the servants of the public, or that 
he feared to meet the proposed investigation; respect for the 
sovereignty of the United States, concurring with motives of de- 
licacy, to forbid even the appearance of asking what, if merited, 
it was to be presumed would be conferred, (as being the proper 
reward of services, not of solicitation,) and a firm confidence in 
the rectitude of his conduct, leaving your memorialist no induce- 
ment to evade any inquiry into it which it might be thought pro- 
per to institute. 

" That your memorialist, taking it for granted that the reasons 
which had produced a determination to establish a mode of in- 



470 HISTORY OF CONGRESS. 



Chap. IV. Executive Departments— Treasury. 1790. 



1st congress, quirv into the transactions of the most important office under the 

2d Sess ion. ^ ^ ....... 

government, would have ensured a prosecution of their object, 
of^tobert ^ *' na( * keen carr ^ e( ^ mto en ° ect ? l° n g remained in silent ex- 
Moms, pectation of the appointment of commissioners, according to the 
resolution which had been entered into for that purpose: but it 
has so happened, from what cause your memorialist will not un- 
dertake to explain, that no further step has ever been taken in re- 
lation to it, and your memorialist has remained exposed to the 
surmises which the appearance of an intention to inquire into his 
conduct had a tendency to excite, without having been afforded 
an opportunity of obviating them. 

" That the unsettled condition of certain accounts of a com- 
mercial nature, between the United States and the late house of 
Willing, Morris, and Company, and your memorialist, prior to 
his appointment as superintendent of the finances, having been 
confounded with his transactions in that capacity, your memo- 
rialist has, in various ways, been subjected to injurious imputa- 
tions in his official conduct: the only fruits of services which, 
at the time they were rendered, he trusts he may, without 
incurring the charge of presumption, affirm, were generally 
esteemed both important and meritorious, and were at least ren- 
dered with ardour and zeal, with unremitted attention, and un- 
wearied application. 

" That your memorialist, desirous of rescuing his reputation 
from the aspersions thrown upon it, came, in the month of Octo- 
ber, 1788, to the city of New York, as well for the purpose of 
urging the appointment of commissioners to inspect his official 
transactions, as for that of procuring an adjustment of the ac- 
counts which existed previously to his administration. But the 
first object was frustrated by the want of a sufficient number of 
members to make a Congress; and the last was unavoidably de- 
layed by the preliminary investigations, requisite on the part of 
the commissioner, named by the late board of treasury, towards 
a competent knowledge of the business. 

" That, in the month of February, 1789, your memorialist re- 
turned to New York for the same purposes; but the obstacles 
which he had before experienced, still operated to put it out of 
his power to present the memorial which had been prepared by 
him in October, praying for an appointment of commissioners. 
That he was, therefore, obliged to confine himself to measures 
for the settlement of his accounts, respecting the transactions an- 
tecedent to his appointment as superintendent; which he en- 
tered upon, accordingly, with the commissioner appointed by the 



HISTORY OF CONGRESS. 477 



Chap. IV. Executive Departments— Treasury. 1790. 



1st congress, board of treasury, and in which as much progress, as time and 

2d Session. 

■ — — circumstances would permit, was made, until the fourth of March 

t^R^b t ^ ast? wnen tnat commissioner, conceiving his authority, by the 

Morris. organization of the new government, to have ceased, declined 
further proceedings; and, of course, your memorialist was 
obliged to wait the establishment of the new treasury depart- 
ment for the further prosecution of that settlement, which has 
been, accordingly, resumed, and which he hopes will speedily 
be accomplished. But, inasmuch as no mode of inquiry into 
his official conduct has hitherto been put into operation, and as 
doubts of its propriety have been raised by an act of the go- 
vernment, your memorialist conceives himself to .have a claim 
upon the public justice, for some method of vindicating himself, 
which will be unequivocal and definitive. Wherefore, and en- 
couraged by a consciousness of the integrity of his administra- 
tion, your memorialist is desirous that a strict examination should 
be had into his conduct while in office, in order, that if he has been 
guilty of mal-administration, it may be detected and punished: 
if otherwise, that his innocence may be manifested and acknow- 
ledged. Unwilling, from this motive, that longer delay should 
attend the objects of the resolution which has been recited; your 
memorialist humbly prays that an appointment of commissioners 
may take place, to carry the said resolution into effect. And 
your memorialist, as in duty bound, will pray, &c. 

"Robert Morris. 
" New Fork, February 8, 1790." 

On the 9th, the Senate took up this memorial for considera- s. Journal, 
Commit- tion, when it was committed to Messrs. Izard, Henry, and Ells- P* 113 * 
ted. worth, to consider and report what was proper to be done. Mr. 

Report. Izard, on the following day, made a report, which was taken up 
for consideration, on the 11th, when the Senate came to the fol- 
lowing resolution: — 

Joint reso- " Resolved, by the Senate and House of Representatives — 
lution That three commissioners be appointed by the President of the 
Senate. United States, to inquire into the receipts and expenditures of 
public moneys, during the administration of the late superinten- 
dent of finance; and to examine and adjust the accounts of the 
United States with that department, during his administration; 
and to report a state thereof to the President; and, that five dol- 
lars per diem be allowed to each of the said commissioners, while 
they shall be employed in that service." 

The memorial was also presented in the House of Represent- 



478 HISTORY OF CONGRESS. 



Chap. IV. Executive Departments— Censure of Secretary of the Treasury. 1790. 



1st congress, atives, on the 10th, and was referred to Messrs. Madison, Sedg- h. Journal, 



2d Session 



wick, and Sherman, for examination and report. In the mean P* 156 * 



fer memo- time, the resolution passed by the Senate, was transmitted to the Id. p. 157. 

rial. House, where it was ordered to be laid on the table. Mr. Madi- 

son, on the 9th of March, made a report on the subject, which id. p. 171. 
was taken up for consideration on the 19th, when the following 178 ' 
order was adopted by the House: — 

Ordered " Ordered — That a committee of five be appointed to inquire 
to appoint j n ( u ie receipts and expenditures of public moneys during the 
committee . . . „ , . , -r» i **• - i • ■• 

to examine administration of the said Robert Morris, as late superintendent 

accounts. f fi nancej and report to the House a state of the accounts re- 
specting the same." 

And a committee was accordingly appointed, consisting of 
Messrs. Madison, Sherman, Sedgwick, Lawrance, and Smith, of 
South Carolina. 

3d session. Mr. Madison made a report from this committee, on the 16th 1791. 

Report of of February, 1791, being in the third session of this Congress, ~~ 
and this report was ordered to lie on the table. There appears 
to have been no further action on this subject during the first 
and second Congresses. 



committee. 



2d Congress. A few days before the termination of the second Congress, on 1793. 
— B ' the 28th of February, 1793, the following resolutions were sub- H> journal, 
mitted to the House of Representatives: — P- 7 ' 23 - 

Resolutions "Resolved — That it is essential to the due administration of 

as to viola- the government of the United States, that laws making specific 

law, &c, appropriations of moneys should be strictly observed by the ad- 

by the se- m inistrator of the finances thereof. 

cretary 01 

the trea- "Resolved — That the violation of a law making appropria- 

mr y* tions of moneys, is a violation of that article of the Constitution 

of the United States, which requires that no moneys shall be 

drawn from the treasury but in consequence of appropriations 

made by law. 

" Resolved — That the secretary of the treasury has violated 
the law passed the 4th of August, 1790, making appropriations 
of certain moneys authorized to be borrowed by the same law, 
in the following particulars; to wit: — 

" 1. By applying a certain portion of the principal borrowed, 
to the payment of interest falling due upon that principal, which 
was not authorized by that, or any other law. 



HISTORY OF CONGRESS. 479 



Chap. IV. Executive Departments— Censure of Secretary of the Treasury. 1793. 



&c. 



2d congress. "2. By drawing part of the same moneys into the United 

2d Session. J . J 

States, without the instructions of the President of the United 

Resolu- g t 
tions as to ^ l ' a, • v " 3 • 

violations, " Resolved — That the secretary of the treasury has deviated 
from the instructions given by the President of the United States, 
in executing the authorities for making loans, under the acts of 
the 4th and 12th of August, 1790. 

"Resolved — That the secretary of the treasury has omitted 
to discharge an essential duty of his office, in failing to give Con- 
gress official information, in due time, of the moneys drawn by 
him from Europe into the United States; which drawing com- 
menced December, 1790, and continued till January, 1793, and 
of the causes of making such drafts. 

" Resolved — That the secretary of the treasury has, without 
the instructions of the President of the United States, drawn 
more moneys, borrowed in Holland, into the United States, than 
the President of the United States was authorized to draw, un- 
der the act of the 12th of August, 1790; which act appropriated 
two millions of dollars only, when borrowed, to the purchase of 
the public debt} and that he has omitted to discharge an essential 
duty of his office, in failing to give official information to the 
commissioners for purchasing the public debt of the various sums 
drawn from time to time, suggested by him to have been intend- 
ed for the purchase of the public debt. 

" Resolved — That the secretary of the treasury did not consult 
the public interest, in negotiating a loan with the Bank of the 
United States, and drawing therefrom four hundred thousand 
dollars at five per centum per annum, when a greater sum of pub- 
lic money was deposited in various banks, at the respective pe- 
riods of making the respective drafts. 

" Resolved — That the secretary of the treasury has been guilty 
of an indecorum to this house, in undertaking to judge of its mo- 
tives in calling for information which was demandable of him, 
from the constitution of his office, and in failing to give all the 
necessary information within his knowledge, relatively to the sub- 
jects of reference made to him of the 19th of January, 1792, 
and of the 22d of November, 1792, during the present session. 

[The reference of the 19th of January, 1792, was as follows : 
Ordered — That the secretary of the treasury be directed to lay 
before this house such information, with respect to the finances 
of the United States, as will enable the legislature to judge whe- 
ther any additional revenue will be necessary, in consequence of 
the proposed increase of the military establishment." And that 



480 HISTORY OF CONGRESS. 



Chap. IV. Executive Departments— Censure of Secretary of Treasury. 1793. 



2d congress, of the 22d of November, was in the following terms: — " Re- 

2d Sess ion. . ° 

solved — That the secretary of the treasury be directed to report 

tionsTs^o tne P^ an °f a P rov i s ^ on f° r tne reimbursement of the loan made of 
violations, the Bank of the United States, pursuant to the eleventh section 
of the act, entitled ■ An act to incorporate the subscribers to the 
Bank of the United States.' "] 

" Resolved — That a copy of the foregoing resolutions be trans- 
mitted to the President of the United States." 

1st, 2d, and These resolutions having been submitted and read, the first, H. Journal, 
9th resolu- seconc j an( j j as t f them, were ordered to lie on the table ; and p ' 

tions laid J 7 

on table, the third, fourth, fifth, sixth, seventh, and eighth resolutions were 
3d, 4th, committed to a committee of the whole house. These latter re- 
7th' 8th' s °l u ti° ns were immediately taken up for consideration in corn- 
committed, mittee, and were debated on that day and on the 1st of March ; id. p. 726. 

Adverse and in the evening session of this day, the committee reported 
report. their disagreement to the resolutions. It was then moved that 
the house agree with the committee of the whole, in their disa- 
greement to the third resolution ; to wit: — 

" Resolved — That the secretary of the treasury has violated 
the law, passed the 4th of August, 1790, making appropriations 
of certain moneys authorized to be borrowed by the same law, in 
the following particulars ; to wit : — 

"1. By applying a certain portion of the principal borrowed, 
to the payment of the interest falling due upon that principal, 
which was not authorized by that, or any other, law. 

"2. By drawing part of the same moneys into the United 
States, without the instructions of the President of the United 
States." 

3d resolu And the question being put on this motion, it was decided in Id. p. 727. 
tion reject the affirmat i ve , by the following vote :— 

Ayes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gor- 
don, Greenup, Griffin, Grove, Hartley, Hillhouse, Hindman, Key, 
Kitchell, Lawrance, Learned, Lee, Leonard, Livermore, Muh- 
lenberg, Murray, Niles, Sedgwick, Jere. Smith, I. Smith, Wm. 
Smith, Steele, Sterrett, Sturges, Thatcher, Tucker, Ward, Wil- 
liamson, Willis. — 40. 

Noes — Messrs. Ashe, Baldwin, Findley, Giles, Gregg, Macon, 
Madison, Mercer, Moore, Orr, Page, Parker. — 12. 

It was then moved that the house agree with the committee 
in their disagreement to the fourth resolution; namely: — 



HISTORY OF CONGRESS. 48 1 



Chap. IV. Executive Departments— Censore of Secretary of the Treasury. 1793. 



2d congress. " Resolved — That the secretary of the treasury has deviated 

2d Session. 

■ — ~ from the instructions given by the President of the United States, 

tio^^to * n executul g tne authorities for making loans, under the acts of 

violations, the 4th and 12th of August, 1790." 

&c. 

4thresolu- And this question was also decided in the affirmative, the vote 

tion reject- standing thus : — 
ed. & 

Ayes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 

B. Bourne, Dayton, Fitzsimons, Gerry, Gil man, Goodhue, Gor- 
don, Greenup, Griffin, Grove, Hartley, Hillhouse, Hindman, Key, 
Kitchell, Lawrance, Learned, Lee, Leonard, Livermore, Muh- 
lenberg, Murray, Niles, Sedgwick, Jere. Smith, Wm. Smith, I. 
Smith, Steele, Sterrett, Sturges, Thatcher, Tucker, Ward, Wil- 
liamson. — 39. 

Noes — Messrs. Ashe, Baldwin, Findley, Giles, Gregg, Macon, 
Madison, Mercer, Moore, Orr, Page, Parker. — 12. 

It was then moved that the House agree with the committee 
in their disagreement to the fifth resolution, which is as fol- 
lows: — 

" Resolved — That the secretary of the treasury has omitted to 
discharge an essential duty of his office, in failing to give Con- 
gress official information, in due time, of the moneys drawn by 
him, from Europe into the United States ; which drawing com* 
menced, December, 1790, and continued until January, 1793, 
and of the causes of making such drafts." 

5thresolu- This question was also decided in the affirmative, by the fol* H. Journal, 
tion reject- lowingvote ._ p. 728. 

Ayes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, 
Hartley, Hillhouse, Hindman, Key, Kitchell, Lawrance, Learned, 
Leonard, Livermore, Muhlenberg, Murray, Sedgwick, Jere. 
Smith, Wm. Smith, Steele, Sterret, Sturges, Thatcher, Tucker, 
Ward, Williamson.— 33. 

Noes — Messrs.. Ashe, Baldwin, Findley, Giles, Griffin, Grove, 
Lee, Macon, Madison, Mercer, Moore, Niles, Page, Parker, I. 
Smith.-— 15. 

A motion was then made that the House agree with the com- 
mittee in their disagreement to the sixth resolution, in the fol- 
lowing words : — 

" Resolved — That the secretary of the treasury has, without 
the instruction of the President of the United States, drawn 
more moneys, borrowed in Holland, into the United Slates, than 
Vor. I.— 61 



482 HISTORY OF CONGRESS. 



CttAF. IV. Executive Departments— Censure of Secretary of the Treasury. 1793. 



2d congress, the President of the United States was authorized to draw, un- 

2d Session . ' 

~ der the act of the 12th of August, 1790, which act appropriated 

tion S es ^ U to two millions °f dollars only, when borrowed, to the purchase of 
violations, the public debts ; and that he has omitted to discharge an essen- 
tial duty of his office, in failing to give official information to the 
commissioners for purchasing the public debt, of the various 
sums drawn from time to time, suggested by him to have been 
intended for the purchase of the public debt." 

6thresolu- The question on this motion was also decided in the affirma- H. Journal, 

tion reject- ^ ag foUowg ._ p. 729. 

Ayes— Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gor- 
don, Grove, Hartley, Hillhouse, Hindman, Kitchell, Lawrance, 
Learned, Leonard, Livermore, Muhlenberg, Niles, Sedgwick, 
Jere. Smith, Wm. Smith, Steele, Sterrett, Sturges, Thatcher, 
Tucker, Ward, Williamson. — 33. 

Noes — Messrs. Ashe, Baldwin, Findley, Giles, Macon, Madison, 
Mercer, Parker. — 8. 

It was then moved that the house agree with the committee 
in their disagreement to the seventh resolution ; namely : — 

" Resolved — That the secretary of the treasury did not con- 
sult the public interest, in negotiating a loan with the Bank of 
the United States, and drawing therefrom four hundred thou- 
sand dollars, at five per centum per annum, when a greater sum 
of public money was deposited in various banks, at the respec- 
tive periods of making the respective drafts." 

7th resolu- The question on this motion was likewise decided in the affirm- Id. p. 729, 

tion reject- a( ; a§ f ]\ ows : __ 730. 

ed. 

Ayes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gor- 
don, Grove, Hartley, Hillhouse, Hindman, Kitchell, Lawrance, 
Learned. Leonard, Livermore, Muhlenberg, Niles, Sedgwick, 
Jere. Smith, Wm. Smith, Steele, Sterrett, Sturges, Thatcher, 
Tucker, Ward, Williamson.— 33. 

Noes — Messrs. Ashe, Baldwin, Findley, Giles, Macon, Madison, 
Mercer. Parker. — 8. 

It was then moved that the house agree with the committee 
in their disagreement to the eighth resolution ; to wit : — 

" Resolved — That the secretary of the treasury has been 
guilty of an indecorum to this house, in undertaking to judge of 
its motives in calling for information, which was demandable of 



HISTORY OF CONGRESS. 483 



CHAP. IV. Executive Departments— Treasury. 1793. 



m congress, him, from the constitution of his office, and in failing to give all 

2d Session. , ... 

the necessary information within his knowledge, relatively to the 
subjects of reference made to him, of the 19th of January, 1792, 
and of the 22d of November, 1792, during the present session." 

8thresolu- The question being put on this motion, it was decided in the H. Journal, 
tion reject- affirmative} by the following vote :— P' 73 °- 

Ayes — Messrs. Ames, Barnwell, Benson , Boudinot, S. Bourne, 
B. Bourne, Dayton, Findley, Fitzsimons, Gerry, Gilman, Good- 
hue, Gordon, Hartley, Hillhouse, Hindman, Kitchell, Lawrance* 
Learned, Leonard, Livermore, Muhlenberg, Niles, Parker, Sedg- 
wick, Jere. Smith, Wm. Smith, Steele, Sterrett, Sturges, That- 
cher, Tucker, Ward, Williamson. -—34. 

Noes*— Messrs. Ashe, Baldwin, Giles, Grove, Lee, Macon, 
Madison. — 7. 

So all these motions were rejected. 

Inaccura* On the 27th of February, of this session, the speaker laid be- id. p. f20< 
printing- ^ ore ^ e House of Representatives a letter from the secretary of 
treasury re- the treasury, stating certain inaccuracies in printing the state- 
po ' ments communicated by his first and second letters, lately pre- 
sented, on the subject of foreign loans, and expressing a wish 
that some regulation may be adopted, to enable the head of the 
treasury department to secure the fidelity and correctness of the 
printed copies of the reports which shall hereafter be made to 
the House, and shall be submitted to the press by their order. 
Commit- This letter was referred to Messrs. Fitzsimons j Sedgwick, and 
tee * Dayton. And, on the 2d of March, Mr. Fitzsimons, from this Id. p. ?3G* 

greed to a " committee, made a report, which was agreed to, as follows; — ■ 731 ' 

" That the committee have examined into the circumstances 
stated in the letter, and find 

"That the standing order of the clerk of this house to the 
printer, is, to send the proof-sheets of all reports and statements 
to the department from whence they were made, and that this 
practice has been generally followed. 

"That it has been discontinued during the present session, 
(so far as respects the secretary of the treasury,) from an opinion 
of the printer, that the delay which the examination would oc- 
casion, might interfere with the intention of the house, of having 
the business speedily accomplished. 

" It did not appear to the committee, that any unnecessary de* 
lay had taken place at the office of the comptroller, by reason of 



484 HISTORY OF CONGRESS. 



CHAP. IV. Executive Departments— Treasury. 1793. 



m congress, the examination of the proof-sheets, nor in the printer, in the 

2d Session. .*-«•■- 

execution of his business. 

" The committee are of opinion that it is not necessary for 
them to recommend any new regulation for the future execution 
of this business; but, in order to rectify the errors which have 
taken place in the printed reports and statements, the committee 
recommend the following resolution: — 

" e Resolved — That there be printed, under the direction of 
the secretary of the treasury, three hundred copies of the re- 
ports and statements made by him during the present session, 
and that the same be delivered to the clerk of this house/ " 

Fees for On the 8th of February, a committee was appointed by the h. Journal, 

^ublkT se- House of Representatives, consisting of Messrs. Clarke, Find- P- 696 * 

curities. ley, and Gerry, to prepare and bring in a bill to establish fees in 

the treasury department for the transfer of public securities; and, 

on the following day, Mr. Clarke, from this committee, presented 

BUI report- a bill, which was read the first and second time, and committed 

ed * to a committee of the whole house. The bill was considered 

Not acted j Q comm jttee of the whole on the 16th, when an amendment was 
on. ' 

reported: and it does not appear that the bill was subsequently 

acted on. 



HISTORY OF CONGRESS. 485 



Chap. V. National Defence— Militia. 1789. 



1st Congress. 
1st Session. 



(JHAPTER V. 

Organization of Militia — Military Establishment of United States — Brigadier Ge* 
neral— Protection of Frontiers — Indians — Hostilities — Treaties with — Trade 
and Intercourse — Commissioners— Navy Officers — Pensions — Invalids — Wi- 
dows and Orphans — Claims to Half Pay — Petitions — Bill to regulate Claims to 
Invalid Pensions — Mode of Payment — Families of Persons killed — Seamen— * 
Distressed Soldiers and Seamen—Marine Hospitals — Increase of Seamen — In- 
dividual Claims — Proceedings in relation to St. Clair's Defeat — Raising Troops 
in Pennsylvania. 

The necessity for the adoption of a system of national defence^ 
was suggested to the government immediately on the adoption of 
the Constitution, by the attitude of the Indian tribes, within the 
limits, and along the frontiers of the United States. On this 
subject, the following message was transmitted by the President 
of the United States to the House of Representatives, (a copy 
being, at the same time, addressed to the Senate,) on the 7th of s. Journal* 
August, 1789:— P- 55 ' 

" Gentlemen of the House of Representatives: — 
f tl The business which has been under the consideration of Con- h. joumaV 
President g ress h as been of so much importance, that I was unwilling to P- 73, 74, 
attitudes, draw their attention from it to any other subject; but the disputes 
andorgani- wn i cn ex i s t between some of the United States, and several pow- 
militia. erful tribes of Indians, within the limits of the Union, and the 
hostilities which have, in several instances, been committed on 
the frontiers, seem to require the immediate interposition of the 
general government. 

" I have, therefore, directed the several statements and papers, 
which have been submitted to me on this subject by General 
Knox, to be laid before you for your information. 

" While the measures of government ought to be calculated 
to protect its citizens from all injury and violence, a due regard 
should be extended to those Indian tribes, whose happiness, in 
the course of events, so materially depends on the national jus- 
tice and humanity of the United States. 

u If it should be the judgment of Congress, that it would be 
most expedient to terminate all differences in the Southern dis- 
trict, and to lay the foundation for future confidence, by an ami- 



486 HISTORY OF CONGRESS. 



CHAP. V. National Defence— Militia. 1789. 



1st congress, cable treaty with the Indian tribes in that quarter, I think proper 

— to suggest the consideration of the expediency of instituting a 

PreSentf* temporary commission for that purpose, to consist of three per- 
sons, whose authority should expire with the occasion. 

"How far such a measure, unassisted by posts, would be com- 
petent to the establishment and preservation of peace and tran- 
quillity on the frontiers, is also a matter which merits your seri- 
ous consideration. 

"Along with this object, lam induced to suggest another, 
with the national importance and necessity of which I am deep- 
ly impressed: I mean, some uniform and effective system for the 
militia of the United States. It is unnecessary to offer argu- 
ments in recommendation of a measure, on which the honour, 
safety, and well-being of our country so evidently and so essen- 
tially depend. % 

" But it may not be amiss to observe, that I am particularly anx- 
ious it should receive as early attention as circumstances will ad- 
mit; because it is now in our power to avail ourselves of the mi- 
litary knowledge disseminated throughout the several states, by 
means of the many well-instructed officers and soldiers of the 
late army — a resource which is daily diminishing by deaths 
and other causes. 

" To suffer this peculiar advantage to pass away unimproved, 
would be to neglect an opportunity which will never again recur, 
unless, unfortunately, we should again be involved in a long and 

arduous war. 
% " George Washington. 

" New York, August 7, 1789.'* 

This message, with the statement and papers accompanying it, 
Commit- was ordered to be committed to a committee of the whole house h. Journal, 
ted * on the state of the Union; and, on the Sth, the message was con- P* 75, 

Reported, sidered in committee, when several resolutions were reported, 
which were agreed to by the house, as follows: — 

Resolu- " Resolved — That it is the opinion of this committee, that an 

House ° ac ^ ou ght to P ass providing for the necessary expenses attending 

any negotiations, or treaties, which may be held with the Indian 

tribes, or attending the appointment of commissioners for these 

purposes. 

" Resolved — That it is the opinion of this committee, that an 
act ought to pass, providing a proper system of regulations for 
the militia of the United States." 

Militia The committee appointed, under the second resolution, to pre- 

committee. 



HISTORY OF CONGRESS. 487 



CHAP. V. National Defence— Militia. 1789. 



1st congress, pare and bring in a bill, consisted of Messrs. Sumpter, Heister, 
s and Mathews. On the 11th of the same month, Mr. P. Muhlen- 

berg and Mr. Wadsworth were added to this committee. No re- 
port was made from the committee during the session. 

2d session. At the commencement of the second session, on the 15th of 1790. 

Commit- January, 1790, a committee was appointed by the House of Re- H. Journal, 
tee * presentatives, consisting of Messrs. Gilman, P. Muhlenberg, Heis- p ' 141, 

ter, Mathews, and Floyd, to prepare and bring in a bill providing 

for the national defence. And on the 21st of January, the fol- id. p. 144. 

lowing message was transmitted by the President of the United * 

States to the two houses of Congress : — 

" United States, January 21, 1790. 
" Gentlemen of tJie Senate, and House of Representatives : — 
President's " The secretary of the department of war has submitted to s. Journal, 
message ^ me cer t am principles, to serve as a plan for the general arrange- P- lor ' 
concerning ^^ ^ ^ ^.^ United States. H. Journal, 

p. 144. 

" Conceiving the subject to be of the greatest importance to 
the welfare of our country, and liable to be placed in various 
points of view, I have directed him to lay the plan before Con- 
gress for their information, that they may make such use there- 
of as they shall judge proper. 

"George Washington. " 

Three hundred copies of the plan were ordered to be printed 

for the use of the members of both houses ; and the message and 

plan were referred to a committee of the whole, on the state of 

the Union; and, on the 26th of April, this committee was dis- id. p. 199, 

charged from the further consideration of these documents, and 

they were referred to the committee appointed to bring in a bill 

providing for the national defence. Mr. Boudinot, from this com- 

BiU for es- mittee, on the 1st of July, presented a bill more effectually to 

a uniform P rov ^ e f° r the national defence, by establishing a uniform mili- 

militia. tia throughout the United States, which was read the first and 

second time, and committed to a committee of the whole house 

on the state of the Union. There was no further proceeding on 

this subject during the session. 

3d session. On the 10th of December, 1790, soon after the assembling of 
Committee Congress at their third session, the House of Representatives or- id. p. 334, 
bm^esta 5 - derec * tne appointment of a committee to prepare a bill, or bills, 
blishing more effectually to provide for the national defence, by establish- 
miiiti 1 a lfolm in S a uniform militia throughout the United States; and Messrs. 



4SS HISTORY OF CONGRESS. 



Chap. V. ?■-: • --i :.:fr--->:. . i "_" :, ;-M 



Boudinot. P. Muhlenberg. Gilman, Floyd Grout, Wadswortb, 
Smith, of Maryland, Blood worth, Giles, Smith, of South Caroli- 
na, and Mathews, were appointed of this committee. Mr. Bou- 
dinot, on the 14th of December, presented a bill which was read TT TmiiaJ 
the first and second time, and committed to a committee of the |j£" ~~ 
djja- whole house- The bill was considered in committee of the whole, 
i^m a t- on the 16th, 17th, 20tb, and 21st, when several amendments were 
: — reported. The discussion of these amendments occupied the 

house on the 22d, 23d, and 24th, when some of the amendments 
having been agreed to, others amended and agreed to, and others 
disagreed to, the bill was recommitted to Messrs. Wadsworth, 
Giles, and Tucker. It is relevant to state here, that, on the 24th. 
Mnanral a memorial of the Quakers, in their annual assembly for the 
^" : ' i '^" V:::::::".:::: ::' M?."'.:.:::. z.zi :>.■= •:'•:::: -\::~ ::' Per.r.rr'.- 
vania and Virginia, lately convened at Baltimore, was presented 
to the house, stating their objections to various of the provisions 
of this bill, and this memorial was laid on the table; and that 
other memorials were presented from the same society. 

Amotion was made, on the 29th, that it be an instruction to id. p. 545. 
the committee, to whom tins bill was recommitted, that they in- 
sert the following clause ; to wit : — u Be it enacted — That the mi- 
litia of the several states of the Union, consisting of such persons 
are or may be enrolled by them, respectively, shall be organ- 
ized, armed, and disciplined, in manner following:" 

And the question being taken on this motion, it was decided in 
the negative, by the following vote : — 

.-; — ::--:s. Ashe, ffloadwor h. Fkjf. Grou:, Livenmwe, 
Thatcher, Tucker, Williamson, — 8. 

.Yv. — Mriiri ..-..-.- I .-':.. Z -.i :.. 2:::iir. : :. I'. Z :::'.-■:. 
Brown. Burke. Cadwalader, CarroU, Fitzsimons. Foster. Gerry, 
Giiman. Goodhue, Griffin, Giles, Halhorn, Heister. Huntington, 
Lawrance, Lee, Madison, jr.. Mathews. Moore. Muhlenberg, 
Parker, Partridge. Van Rensselaer, Scott, Sedgwick, Seney, Se- 
vier, Sherman, Silvester, Sinnickson, Smith, of Maryland, Smith, 
of South Carolina, Stone, Sturges. Trumbull, Wadsworth, White, 
Wvnkoop. — iS. 
On the 4th of January, 1791, Mr. Wadsworth, from the con*: Id. p. 5&. 
Amend* mittee to whom the bill was recommitted, reported an amenda- 
tory bifl. torT bill, which was then read the first time, and received the se- 
cond reading, and was committed to a committee of the whole, 
on the following day. This bill was not acted on in committee. 



HISTORY OF CONGRESS. 489 



CHAP. V. National Defence— Militia. 1791. 



2d congress. Thb] President of the United States, at the opening of the se- H. Journal, 
cond Congress, again called the attention of that body to the ne- p * 

Committee cess j t y f som e legislation relative to the militia; and, on the 31st 

to prepare jo » > 

bill. of October, 1791, it was ordered by the House of Representa- 

tives, that so much of the speech as relates to the establishment 
of a militia, and competent magazines, arsenals, and fortifications, 
be referred to Messrs. Wadsvvorth, Dayton, Giles, Ward, Gor- 
don, Wayne, and Steele, with instructions to prepare and bring 
in a bill, or bills, making provision for the same. And, on the 
21st of November, Mr. Wadsworth, from this committee, pre- Id. p. 457. 
sented a bill more effectually to provide for the national defence, 
by establishing a uniform militia throughout the United States ; 
which was read the first and second time, and committed to a 
committee of the whole house. The bill was considered in com- 1792. 



mittee, on the 21st of February, and on the 28th and 29th; and, h. Journal, 
also, on the 1st and 2d of March, when several amendments p.517.522. 
were reported, which were considered on the 5th of March, id. p. 523 
when some were agreed to, and others disagreed to. The bill — 525 - 
was then further amended at the clerk's table, and was ordered 
Passed by to the third reading. On the 6th, the bill was read the third id. p. 528. 
House. time, and the question on its passage was decided as follows: — 

Jiyes — Messrs. Ames, Ashe, Barnwell, Benson, Boudinot, B. id. p. 529. 
Bourne, Clarke, Fitzsimons, Gerry, Giles, Goodhue, Grove, 
Hillhouse, Key, Kitchell, Lawrance, Learned, Lee, Madison, 
Moore, Muhlenberg, Murray, Sedgwick, I. Smith, Wm. Smith, 
Steele, Sterrett, Sturges, Silvester, Venable, White. — 31. 

Noes — Messrs. Baldwin, S. Bourne, Findley, Gordon, Gil- 
man, Gregg, Griffin, Heister, Livermore, Macon, Mercer, Niles, 
Page, Parker, Schoonmaker, Seney, Jere. Smith, Sumpter, 
Thatcher, Tredwell, Tucker, Vining, Wadsvvorth, Ward, Wayne, 
Williamson, Willis. — 27. 

The bill, being transmitted to the Senate, was there read the s. Journal, 
first and second time, on the 6th and 8th of March, 1792, when ^^AT' 
it was referred to Messrs. Gunn, Burr, Bradley, Dickinson, and 417, 418. 
Stanton. Mr. Gunn made a report on the 20th, which was taken 
up for consideration on the 22d, 23d, 26th, 27th, and 28th, the 
amendments reported by the committee were agreed to, and the 
bill was ordered to the third reading. On the 29th, the bill was 
Amended read the third time. A motion was then made, and agreed to, 
by Senate, to amend the bill as follows:— 

" Strike out the proviso at the end of the first section; namely: 
6 Provided, always — That if any person, enrolled as aforesaid, 
Vol. I.— 62 



HISTOfiT OF CONGRESS. 



Vi;:::L Ze?: :•:■=— M: . .1 



-i: :-:.-■:-: 5..i... : r i zz. i i ; . :v i : zz. r - e. z i zzz i zrs z : :.ie r r i rzzi : '. : ~? :.: : zz 

: — j-.r ~i~ Zr.ir.I. Z*r Z>I"ZZ iZl IZ ZZ^rZ IZZz'.Z IZ Z iZl'lZfl *.JZc 



A--: 



zzz: 5 ::: z : : : _z. : z\z: > rzzzizzz zj v.. 5 i::. Zr :h:^ :- rz:_f:_ 
frizz z :'zz;"z.:z.zz :":: zz.7 irz:: = - :t :z.iiz.z.. u:.:.l z.z zzz. z:: :z: = 
them, or until they are provided for him.' 

"Section 3, fine 13. To substitute the word ' privates,' for 
the word 'men,' and fine 20. the word « bugler/ for the words 
'bugle born. 5 

" To expunge these words, from section 7, lines 20 and : . 
« and the said adjutant general shall have the rank of brigadier in 
the militia.* 

* Also, these words, section 8, lines 2 and 3, 'prescribed to 
ihe late arm y of the United States, by the then major general, 
hizzz Sic .:•=-.' 5: izzzi :hi zzzz^zzzz. :z rzzz zs :*:".".; -~s: — • .i ■: z 
:-z :;;".. •:':.-: ■-;>.... -■:.:. — Tz.zi zzz - zzi'.rs ::" z.fizi.zz- zzzzzvez zzz 
established by Congress, in their resolution of the twenty-ninth 
day of March, 1779, shall be the rules of discipline to be ob- 
served by the militia throughout the United States."' 

A motion was then made by Mr. Rutherford, seconded by Mr. 
Liz. :: zzz zz.z ::'.i:~:zz zzi'-iii 1: zz zzzizzzzzzz.1 z~zizz :.-. in 
committee of the whole, as the last section of the bill: — - And 
provided, further — That no sentence of a court martial shall 
extend to the taking of life or limb, or to any corporal pun- 
ishment, except in case an officer or private shall hold a trai- 
torous c or respondence with die enemy, or shall desert, or at- 
tempt to desert to them, or shall misbehave in time of action, or 
flzzm-nY-ir zzzzziz zzt z:r. z: sizzii >i:k *^::ii iniimiz.; 
ethers to offend in any of the foregoing instances.' 

But this motion was decided in die negative. 

On the question that tne bill pass as amended, the decision was s. journal, 
:-:':::-— 7 ^ 

Yem*— Messrs. Basset!, Bradley, Cabot, Carroll, Ellsworth, I 
Foster, Gram. Hawkins, Henry, Izard, Johnston, King, Langdon. 
Lee, Monroe, Reed, Robinson, Sherman, Stanton, Strong, Win- 
gate.- 

JVoy — Mr. Rutherford. 

The House of Representatives proceeded to the consideration H. Journal 
of these amendments, on the 10th, 11th, and 12th of April, ** 
agreeing to some of the amendments and disagreeing to otbc 1 
The two last amendments being read, for adding to the end of 
toe biH the following sections: to wits-* 

« Ami he u further enacted— That the President of the United 



HISTORY OF CONGRESS. 491 



CHAP. V. National Defence— Militia. 1792. 



2d congress. States is hereby authorized to call out the militia, or such part 

1 st Session. - i . .,... .. . 

thereof, as the exigence may, in his opinion, require, to execute 

Amend- the laws of the Union, suppress insurrections, and repel inva- 

ments. s i ns. And when militia are employed in the service of the 
United States, they shall receive the same pay and allowances 
as are now made to the troops in service. 

" And be it further enacted — That, if any officer, or private sol- 
dier of the militia, being ordered into the service of the United 
States, pursuant to the powers herein given, shall refuse obe- 
dience to such orders, he shall forfeit to the use of the United 
States, a sum not exceeding the amount of one year's pay, of 
such officer or soldier respectively, as herein established. And 
the militia, while in the service of the United States, shall be 
subject to the rules and articles of war. Provided — That the 
courts martial by whom they shall be subject to be tried, shall be 
, composed entirely of militia officers of the same state with the 
offenders." 



Motion to It was then moved to amend the first of these amendments, by H. Journal, 

mend a- 
mendment. 



a " adding thereto the proviso which follows ; to wit : — 



" Provided, always — That the powers herein given to the Pre- 
sident of the United States, for calling the militia into service, 
be, and continue in force, until the end of the next session of 
Congress, and no longer." 

The question being taken on this motion, it was decided in the id. p. 577. 
affirmative, by the following vote : — 

Ayes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Clarke, Fitzsimons, Gilman, Goodhue, Gregg, Griffin, 
Hartley, Heister, Hillhouse, Huger, Kitchell, Kittera, Lawrance, 
Learned, Lee, Madison, Moore, Muhlenberg, Murray, Niles, Se- 
ney, Sheridan, Jere. Smith, Sterrett, Silvester, Thatcher, Tred- 
well, Tucker, Vining, Wadsworth, Ward. — 37. 

Noes — Messrs. Ashe, Baldwin, Gerry, Giles, Grove, Key, Liver- 
more, Macon, Mercer, Page, Parker, Schoonmaker, I. Smith, 
Wm. Smith, Steele, Sturges, Sumpter, Venable, White, Willis. 
—20. 
Amend- On the question that the house agree to the amendment as 
ment ne " amended, it was decided in the negative; the ayes and noes 
standing thus : — 

Ayes — Messrs. Ames, Barnwell, Benson, S. Bourne, B. Bourne, 
Findley, Fitzsimons, Gilman, Goodhue, Gordon, Gregg, Hartley, 
Hillhouse, Kittera, Lawrance, Learned, Jere. Smith, Wm. Smith, 
Sterrett, Silvester, Thatcher, Vining, Wadsworth, Ward.— 24. 



492 HISTORY OF CONGRESS. 



Chap. V. National Defence— Militia. 1792. 



2d congress. jV; t -.? — Messrs. Ashe, Baldwin, Boudinot. BrowD, Clarke, Ger- 

]st Session. 

^ mend _ ry. Giles, Griffin, Grove, Heister, Huger, Key, Kitchell, Lee, La- 
ments, vermore, Macon, Madison, Mercer, Moore, Muhlenberg, Murray, 
Xiles, Page, Parker, Schoonmaker, Seney, Sheridan, I. Smith, 
Steele, Sturges, Sumpter, Tredwell, Tucker, Venable, White, 
Williamson, Willis.— 37. 

The amendment was, therefore, disagreed to by the house, as 
also was the last amendment above quoted. 

The Senate, on the 13th, proceeded to consider the subject, s. Journal, 
when a motion to recede from the amendments disagreed to by P- 42 - 5 * 42 • 
the House, was decided in the negative. On the following day, 
a similar motion was made, and determined also in the negative. 
After each of these motions, the further consideration of the 
amendments was postponed. On the 16th, a motion was made 
to insist on the amendments ; but this motion proved equally un- 
successful, and the consideration of the amendments was again 
postponed. The subject being again before the Senate on the 
Senate in- 23d, it was resolved, that the Senate insist on their amendments, id. p. 431. 
SMt * and desire a conference with the House of Representatives, on 

the disagreeing votes of the two houses, appointing Messrs. Ells- 
worth, Gunn, and King, to be managers on the part of the Se- 
nate. The House of Representatives, on the 25th, agreed to h. Journal, 
the conference, and appointed Messrs. Clarke, White, and Mur- p " 
ray, to be their managers. On the 27th, the Senate, on motion, s. Journal, 
a»— 1,» re - resolved to recede from their amendments to the bill which had P- ^ 3 - 
cede. been disagreed to by the House. 

Bill to pro- During the same session, on the 12th of April, the House of h. Journal, 
vide for Representatives ordered that Messrs. White, Gerry, and Mur- P* 577 * 
militif ray, be a committee to prepare and bring in a bill or bills for call- 
ing forth the militia, when necessary, to execute the laws of the 
Union, suppress insurrections, and repel invasions; and, on the 
17th, Mr. White, from this committee, presented a bill to pro- 
vide for calling forth the militia to execute the laws of the Union, 
suppress insurrections, and repel invasions, which was then read 
the first and second time, and committed to a committee of 
the whole house. On the 23d and 24th, this bill was under id. p. 580. 
consideration in committee, and several amendments were re- o8 °— ™« 
ported to the House, which were agreed to on the following 
day, and the bill was ordered to the third reading; and on the 
Passed by 26th, the blanks having been filled up, the bill was read the 
Ho08e - third time and passed. In the Senate, the bill received the first, s. Journal, 
second, and third reading, on the 26th and 27th. Mr. Dickin- p> ™" 
son then moved to amend it by inserting these words; after the 



HISTORY OF CONGRESS. 493 



Chap. V. National Defence— Militia. 1792. 



2d congress, word " war," section 4, line 3, " except that no militia man 

1st Session. . 7 r 

shall be subject to corporal punishment/' and this motion having 

Bill passed been decided in the negative, the bill was concurred in as it came 
by Senate. fromtheHouse _ 

2d session. On the 20th of November, at the second session of this Con- H. Journal, 
Unsuccess- gress, a motion was made that the House do come to the follow- P- 622 > 623 - 
? 25 *««■«» l«tion:_ 

militia act. a Resolved — That a committee be appointed to bring in a bill 
to amend the militia laws passed last session. " 

This motion provoked some discussion, but was decided in the 
negative. On the following day, the motion was renewed in a 
modified form; namely, that a committee be appointed to bring 
in a bill to repeal so much of the first section of the militia law 
as relates to the arming of the militia. The question being taken 
on this motion, it was decided in the negative by the following 
vote: — 

Ayes — Messrs. B. Bourne, Key, Mercer, Murray, Sumpter, 
Willis.— 6. 

Noes — Messrs. Ames, Ashe, Baldwin, Barnwell, Benson, S. 
Bourne, Clarke, Dayton, Fitzsimons, Gerry, Giles, Gilman, 
Goodhue, Gordon, Greenup, Griffin, Grove, Hartley, Heister, 
Hillhouse, Huger, Kitchell, Kittera, Lawrance, Learned, Lee, 
Leonard, Livermore, Macon, Madison, Moore, Muhlenberg, 
Niles, Orr, Page, Parker, Schoonmaker, Sedgwick, Silvester, 
Jere. Smith, William Smith, Steele, Sturges, Thatcher, Tred- 
well, Tucker, Venable, Ward, White, Williamson. — 50. 
Secret pro- In the Journal of the proceedings of the House of Represent- ia. p . 738, 

ceedings a ti ves which, during the time they were depending, were or- ^ 39 - 
concerning 7 . . . 

militia act. dered to be kept secret, will be found the following action of 

the House on the subject of the act for calling out the militia. 

On the 7th of December, 1792, the following message, from s. Journal, 
the President of the United States, was transmitted to the two p ' 462 * 
houses by Mr. Lear, his secretary. p. 738. * ' 

" United States, December 7, 1792. 

" Gentlemen of the Senate, and of the House of Represent- 
atives: — 

Message of " I lay before you two letters, with their enclosures, from the 
President, governor of the South-western Territory, and an extract of a 

letter to him from the department of war. 

" These, and a letter of the month of October last, which has 

already been communicated to you, from the same department 



494 HISTORY 07 CONGRESS. 



Cai*. Y. W«iMrtlHi*» Mih 1 1 ii 



M (h>ib to the governor, will show in what manner the first section of 

the act of the last session, which provides for calling out the mi- 

JJj^FJ* litia for the repelling of Indian invasions, has been executed. It 
remains to be considered by Congress, whether in, the present 
situation of the United States, it be advisable or not to pursue 
any further or other measures than those which have already 
been adopted. The nature of the subject does, of itself, call for 
r immediate attention to it; and, I must add, that upon the 
result of your deliberations, the future conduct of the executive 
will, on this occasion, materially depend. 

R WASmVGTOV." 

Message This message, and the accompanying papers, were committed H. Joana 
**£ B *^ a ~ to a committee of the whole house, and were the subject of consi- ? 
deration in that committee, during the 10th, 11th, 14th, and 17th 
of December, when a successful motion was made that the com- 
mittee of the whole house be discharged from the further consi- 
deration of the same; and, that the said message and papers do lie 
on the table. On the following day, the subject being resumed, 
it was moved that the house do come to the following resolu- 
tion: — 

« Resolved — That the President of the United States be autho- 
rized to employ such part of the military force, and of the militia 
of the United States, as he may judge necessary for the effectual 
protection of the frontiers; and (if he shall judge it expedient,) to 
carry on offensive operations against the Indians of the five low- 
er Cherokee towns, called Chickamagas; and such other of the 
Indian tribes as may hereafter commit acts of depredation against 
the lives and property of the citizens of the United States." 

It was demanded that this question be divided; and it was, 
therefore, put on agreeing to the first part of the motion, in the 
following words: — 

fc Resolved— That the President of the United States be au- 
thorized to employ such part of the military force, and of the 
militia of the United States, as he may judge necessary for the 
effectual protection of the frontiers; and (if he shall judge it ex- 
pedient,) to carry on offensive operations against the Indians of 
the five lower Cherokee towns, called Chickamagas." 

Mobonne- And the question being taken on this part of the motion, it H. Journal 
g^ed- was decided in the negative, by the following vote: — I*- 74 °* 

Ayes — Messrs. Baldwin, Barnwell, Clarke, Findlev. 
simons, Giles, Greenup, Griffin. Hartley; Huger, Lee, Milledge, 



HISTORY OF CONGRESS. 495 



Chap. V. National Defence— Military Establishment. 1792. 



2d congress. Moore, Muhlenberg, Murray, Page, Parker, Tucker, Venable, 
2dSeSS1 ° n ' White, Willis.— 21. 

Noes — Messrs. Ashe, Boudinot, S. Bourne, B. Bourne, Ger- 
ry, Gilman, Goodhue, Gregg, Heister, Hillhouse, Key, Kitchell, 
Lawrance, Learned, Leonard, Livermore, Niles, Sedgwick, Sil- 
vester, I. Smith, Steele, Sturges, Sumpter, Tredwell, Wads- 
worth, Ward, Williamson. — 27, 
The motion was therefore lost. 



1st congress. The following message from the President of the United 1789. 

1st Session 

— States was, on the 10th of August, 1789, communicated to the h. Journal, 

Establish- 'two houses of Congress, respectively : — P- 76 - 

~ u Gentlemen of the Senate — [House of Representatives: — ] 

Message of " I have directed a statement of the troops in the service of s. Journal, 

President. ^he United States, to be laid before you for your information. P- 56 * 
" These troops were raised by virtue of the resolves of Con- 
gress of the 20th of October, 1786, and the 3d of October, 1787, 
in order to protect the frontiers from the depredations of the 
hostile Indians; to prevent all intrusions on the public lands; and 
to facilitate the surveying and selling of the same-, for the pur- 
pose of reducing the public debt. 

a As these important objects continue to require the aid of the 
troops, it is necessary that the establishment thereof should, in 
all respects, be conformed by law to the Constitution of the 
United States. 

" G. Washington- 
"New York, August 10, 1789. 

" *d Statement of the Troops in the Service of the United 

States. 
" The establishment, as directed to be raised and organized by 
the act of Congress, of the 3d of October, 1787; to wit: 
Statement " One regiment of infantry, consisting of 1 lieutenant colonel 
of troops in commandant, 2 majors, 7 captains, 7 lieutenants, 8 ensigns, 

1 surgeon, 4 mates: 

Eight companies, each of which to consist of 4 sergeants, 
4 corporals, 2 musicians, and 60 privates, - - 560 
"One battalion of artillery, consisting of 1 major, 4 captains, 
8 lieutenants, 1 surgeon's mate: 

Four companies, each of which to consist of 4 sergeants, 
4 corporals, 2 musicians, and 60 privates, - - 280 

" Non-commissioned officers and privates, - 840 



service. 



496 HISTORY OF CONGRESS. 



Chap. V. National Defence— Military Establishment. 1789. 



1st confess. "That the pay of the troops was fixed by the act of Con- 

lst Sessi on. r J r j 

gress of the 12th of April, 1785, and confirmed by the acts of 

of^opsiin the 20th o f October, 1786, and the 3d of October, 1787; to wit: 

service. a Lieutenant colonel commandant, at 50 dollars per month. 

"Major, - 

"Captain, - 

"Lieutenant, - 

*" Ensign, - 

" Surgeon, - 



a 



Mate, 



45 


do. 


35 


do. 


26 


do. 


20 


do. 


45 


do. 


30 


do. 


6 


do. 


5 


do. 


5 


do. 


4 


do. 


n lieu of rations, are 


— dollars per month 


20 


do. 


12 


do. 


8 


do. 


8 


do. 


16 


do. 


8 


do. 



" Sergeants, 
" Corporals, 
" Musicians, 
" Privates, 



the same as during the late war; to wit: 
" Lieutenant colonel commandant, at 
" Major, - - - - 

■ Captain, - - - - 

" Lieutenant, - 

"Ensign, - 
" Surgeon, - 

"Mate, ... - 

* That lieutenants, acting as adjutant, quarter master, and pay 
master, are allowed, by the act of Congress, of the 12th of April, 
1785, for their extra duty, ten dollars per month. 

" That the allowance of forage is as follows: 3 majors, each 12 
dollars per month; 1 surgeon, 6 dollars per month; 3 regimental 
staff", each 6 dollars per month. 

" That by the act of Congress, of the 31st of July, 17S7, lieu- 
tenant colonel commandant Harmar was promoted to the rank of 
brigadier general, by brevet, with an allowance of the emolu- 
ments, but not the pay of said rank. 

"That the emoluments are as follows; namely: Subsistence, 
64 dollars per month; forage, 18 dollars per month. 

"That each non-commissioned officer and soldier is allowed, 
annually, one suit of uniform clothes, as follows: — 



"1 coat,' 

" 1 vest, [alls, 

" 2 pairs woollen over- 
•'2 pairs linen do. 



1 hat, 
4 shirts, 
4 pairs shoes, 
4 pairs socks, 

"That each non-commissioned officer and soldier is also al- 
lowed one ration per day, to consist of the following articles: — 



1 stock, 

1 stock clasp, 

1 pair shoe buckles, 

1 blanket. 



HISTORY OF CONGRESS. 497 



Chap. V. National Defence— Military Establishment. 1789. 



1st congress. " 1 pound of bread or flour, 
" 1 pound of beef, or 



"f pound of pork, 
" 1 gill of common rum, 



To every hundred 
rations. 



1 quart of salt, 

2 quarts of vinegar, 
2 pounds of soap, 
1 pound of candles, 

"That the troops in actual service are as follow: — 
statement "Two companies of artillery, raised by virtue of the acts of 
oftroopsin Congress, of the 20th of October, 1786, and continued by the 
act of Congress of the 9th of April, 1787, one of which is sta- 
tioned at the arsenal at West Point, on Hudson's river, and the 
other at the arsenal at Springfield, on Connecticut river, 76 
M Troops stationed on the frontier, as follow: — 
" At the various posts north-west of the river Ohio, - 596 



672 
" Wanting to complete the establishment, - - 168 

"Non-commissioned officers and privates, - - 840 

" That all the troops are enlisted for three years. 

" That the engagements of the two companies of artillery, at 
West Point and Springfield, will expire in the beginning of the 
year 1790. 

" That, of the troops on the frontiers, enlisted by virtue of the 
acts of Congress of the 3d of October, 1787, 528 non-commis- 
sioned officers and privates will have to serve, generally, to the 
middle of the year 1791; and two companies, consisting of 68 
non-commissioned officers and privates, until towards the month 
of May, 1792. 

" That the change in the government of the United States 
will require that the articles of war be revised and adapted to 
the Constitution. 

"That the oaths necessary to be taken by the troops be pre- 
scribed, and, also, the form of the commissions which are to be 
issued to the officers. 

"All which is humbly submitted to the President of the 
United States. 

" H. Knox. 

" War Office, August 8th, 1789." 

Message This message and statement were, on the 11th, ordered by the H. Journal, 
committed. House of Representatives to be referred to a committee of the P* 77 ' 
whole house on the state of the Union. 

Motionalso The following motion was also, on the same day, committed id. p. 78. 
committed- to t h e same committee:— 
Vol. I.— 63 



498 HISTORY OF CONGRESS. 



Chap. V. National Defence— Military Establishment. 1789. 



lstconeress. << Resolved — That, in case of refusal of the Creek Indians to 

1st Session . , _ 

treat, or, on treaty, to agree to such articles and terms, as to the 
commissioners, to be appointed, shall appear necessary and just, 
the President of the United States shall be, and he is hereby, au- 
thorized to raise, or cause to be raised, such number of troops, 
in the pay and establishment of the United States, or to call forth 
and embody such proportion of the militia of the states of South 
Carolina and Georgia, as will secure and protect, by such proper 
posts as he may think necessary, the inhabitants of the state of 
Georgia from the invasion and further inroads of the Creek In- 
dians: Provided — That the whole number of men so to be raised in 

the establishment of the United States, shall not exceed , 

nor be continued for a longer term than : And provided, 

also — That the whole number of the militia, so to be called forth 

and embodied, shall not exceed ; nor shall any one person 

be obliged to serve more than ; and the said militia, when 

in actual service, shall be entitled to the pay and emoluments of 
the troops of the United States. " 

Committee On the 9th of September^ a motion was made and agreed to, h. Journal, 
°*- * ne _. that the committee of the whole house on the state of the Union, P* 105, 

whole dis- . 

charged, be discharged from further proceeding on the message from the 

President of the United States of the 10th ultimo, and that the 
Selectcom. said message be referred to Mr. Boudinot, Mr. Trumbull, and 
mittee. M r# Burke; that they do examine the matter thereof, and report 

the same, with their opinion thereupon, to the house. 

On the 16th of September, the following message was trans- s. Journal, 
mitted by the President of the United States to the two houses P* 81 * 
of Congress:— fAn™*' 

" Gentlemen of the Senate — [House of Representatives :]— 
Message of "The governor of the western territory has made a state- 
President. ment to me f t jj e rec ip roca i hostilities of the Wabash Indians, 
and the people inhabiting the frontiers bordering on the river 
Ohio, which I herewith lay before Congress. 

" The United States, in Congress assembled, by their acts of 
the 21st day of July, 1787, and of the 12th of August, 1788, 
made a provisional arrangement for calling forth the militia of 
Virginia and Pennsylvania, in the proportions therein specified. 

"As the circumstances which occasioned the said arrange- 
ment continue nearly the same, I think proper to suggest to 
your consideration the expediency of making some temporary 
provision for calling forth the militia of the United States for the 



HISTORY OF CONGRESS. 499 



CHAP. V. National Defence— Military Establishment. 1789. 



1st congress, purposes stated in the Constitution, which would embrace the 

1st Session. r r 

cases apprehended by the governor of the western territory. 

" Geo. Washington. 
« September 16, 1789." 

This message was also referred to Messrs. Boudinot, Trumbull, 
and Burke. And on the 17th, Mr. Boudinot, from this committee, H. Journal, 
Bill to re- presented a bill to recognise and adapt to the Constitution of the p " 
and^dapt United States, the establishment of the troops raised under the re- 
military es- solves of the United States, in Congress assembled, and for other 
merit to the P ur P oses therein mentioned, which was read the first and second 
constitu- time, and committed to a committee of the whole House. The 

bill was considered in committee on the 22d, and several amend- id. p. 118, 
ments were reported, which were agreed to by the House, and 119# 
the bill was then ordered to the third reading; and on thefollow- 
Passed by ing day, the blanks having been filled up, the bill was read the 
House. third time and passed. In the Senate, the bill received the first 

reading on the 23d of September, was read the second time on s. Journal, 
the 26th, and was committed to Messrs. Read, Butler, King, P* 85, 
Ellsworth, and Morris. Mr. Read, on the 28th, reported amende id. p. 90, 
Amended ments to the bill, and the bill was then read the third time and 91 * 
by Senate, p^gg^ so amended as to conform to the report of the committee. 

On the same day, the House of Representatives proceeded to con^ h. Journal, 
sider these amendments, when it was resolved to agree to the P* 128 * 
first, second, third, fourth, fifth, and sixth amendments ; and, on 
House dis- motion to agree to the last amendment of the Senate, it was de- 
agree, cided in the negative, by the following vote :— 

Ayes — Messrs. Benson, Carroll, Clymer, Foster, Gilman, Law- 
ranee, Lee, Madison, jr., Partridge, Sherman, Silvester, Smith, 
of Maryland, Stone, Thatcher, Trumbull, Wads worth.— 16. 

Noes — Messrs. Baldwin, Bland, Boudinot, Burke, Cadwalader, 
Coles, Contee, Fitzsimons, Floyd, Gerry, Heister? Jackson, Leo- 
nard, Livermore, Mathews, Moore, Muhlenberg, Van Rensselaer, 
Schureman, Scott, Seney, Sinnickson, Sumpter, Tucker, White. 
—25. 

So that the House disagreed to the seventh amendment. The s. Journal, 
Senate in- Senate then determined to insist on this amendment; on which P- 94 * 

the House of Representatives resolved to recede from their disa- ? i?n m 
House re- M r P- 13a 

cede. greement. 

2d session. On the 12th of January, the following message was transmit- 1790. 
ted, by the President of the United States, to the two houses of " 
Congress: — 



500 HISTORY OF CONGRESS. 



CHAP. V. National Defence— Military Establishment. 1790. 



1st Congress. « Gentlemen of the Senate, and House of Representatives : — 

Message of " * ^ a J De ^ ore y ou a statement of the south-western frontiers, 

President a nd of the Indian department, which have been submitted to me 

by the secretary for the department of war. 

" I conceive, that an unreserved, but confidential communica- s. Journal, 

tion of all the papers relative to the recent negotiations with P* 105, 

some of the southern tribes of Indians, is indispensably requisite 

for the information of Congress. I am persuaded, that they will 

effectually prevent either transcripts or publications of all such 

circumstances as might be injurious to the public interests. 

" G. Washington. 
" United States, January 12, 1790." 

In the House of Representatives, this message and statement H. Journal, 
were referred to a committee of five, consisting of Messrs. Wads- p * 140, 
worth, Brown, Boudinot, Burke, and Baldwin. And on the fol- 
lowing day, Messrs. Livermore, Ames, Lawrance, Scott, and 
Smith, of Maryland, were added to this committee. Mr. Wads- 
worth, on the 20 th of January, made a report, which was taken id. p. 143, 
up on the 21st, considered in committee of the whole, and re- 144; 
ported without amendment. On the 1st of March, a further id. p. 165. 
communication on this subject, from the President of the United 
States, was laid on the table of the House of Representatives. 
There is no further statement of the proceeding on these mes- 
sages spread on the public Journal of the House of Representa- 
tives ; but it appears from the Senate Journal, that on the 26th s. Journal, 
of March, the following message was received in that body from P* 124, 
the House of Representatives : — 

" Mr. President : — The House of Representatives have had un- 
der consideration, the confidential communications from the Pre- 
sident of the United States, of the 12th of January, to the Se- 
nate and House of Representatives, and have passed a bill upon 
that subject, to which they request the concurrence of the Se- 
nate." 

Bill to re- ^ was * ncn ordered, that the bill, entitled " An act for regu- id. p . 125. 
gulate mi- lating the military establishment of the United States," have the 
blishment. G rs * reading at this time. On the 29th and 30th, the Senate 
were occupied on the question of the second reading of the bill, 
when it was committed to Messrs. Few, Ellsworth, Butler, 
Schuyler, Carroll, Langdon, and Strong. Mr. Few reported on 
the 6th of April ; and on the 20th, a further report was made, 
which was adopted as amendments to the bill, which was then 



HISTORY OF CONGRESS. 501 



Chap. V. National Defence— Military Establishment. 1790. 



1st confess, ordered to the third reading; and on the 21st, the bill, as amend- S. Journal, 
~~ — 7 ed, was passed. The House of Representatives proceeded to p * 

' consider these amendments on the 22d, and resolved to agree to ' p * 

all of them, with an amendment to the eighth amendment to the 

fifth section of the bill, as follows : — 

" In lieu of the word * eighteen,' proposed to be inserted by H. Journal, 
the Senate, insert ' twenty-four.' On the same day, the Senate P* * , 
concurred in this amendment. p. 133. 



m C s°esf[on S * ^ N ^ e ^^ °^ ^ arcn ' 1^92, the following message was trans- 1792. 
~ mitted by the President of the United States to the two houses 

of Congress : — 

" United States, March 20th, 1792. 

" Gentlemen of the Senate, and of the House of Representatives :.— 
Message of " The several acts which have been passed, relatively to the H. Journal, 
asTo a bri- mmtar y establishment of the United States, and the protection P* 541# 
gadier ge- of the frontiers, do not appear to have made provision for more s. Journal, 
than one brigadier general. It is incumbent on me to observe, P* 413, 
that, with a view merely to the organization of the troops de- 
signated by these acts, a greater number of officers of that grade 
would, in my opinion, be conducive to the good of the public 
service. But an increase of the number becomes still more de- 
sirable, in reference to a different organization, which is con- 
templated, pursuant to the authority vested in me for that pur- 
pose, and which, besides other advantages expected from it, is 
recommended by considerations of economy. 

P I therefore request that you will be pleased to take this sub- 
ject into your early consideration, and to adopt such measures 
thereon as you may judge proper. 

"G. Washington." 

In the Senate this message was referred to Messrs. Burr, Gor- id. p. 414, 
don, and Hawkins, to consider and report thereon ; and, on the 415, 
22d, Mr. Burr, from the committee, reported a bill, supple- 
mental to the act for making further and more effectual provi- 
sion for the protection of the frontiers of the United States; 
which was then read the first time, and, on the following day, 
Bill passed, after being amended, the bill was read the third time, and passed. 

On the same day, the bill was read the first and second time, in h. Journal, 
the House of Representatives, and was committed to a commit- P* 545, 
tee of the whole house. The bill was taken up in committee 
on the following day, and was reported with an amendment, id. p. 547, 



HISTORY OF CONGRESS. 



Chap. V. National Defence— Military Establishment. 1792. 



ad oonpre?s. which was agreed to: and the bill was then read the third time, 

1st Session. D 

and passed. On the 26th. the Senate concurred in the amend- s. Journal, 

ment of the House of Representatives. p " 416 " 

Bin ma- The bill to which the above is the supplementary act. was re- H. Journal, 
^ P;°" ported to the House of Representatives, on the 25th of Janua- P' 498 * 

vision For r r 

protection ry, of the same year, from a committee charged with the sub- 
offrontiers. j ec ^ un( j er ^ e ^\ e f a bill for making further and more effec- 
tual provision for the protection of the frontiers of the United 
States, which was then read the first and second time, and was 
committed to a committee of the whole house. In committee, 
the bill was considered the 26th, 27th, and 30tb, when several Id. p. 499. 
amendments were reported, some of which were adopted, and 
others were disagreed to. The bill being then under considera- 
tion, it was moved to amend the bill, by striking out the second 
section, which is as follows : — 

u And be it further enacted — That there shall be raised three 
additional regiments of infantry, each of which, exclusively of 
the commissioned officers, shall consist of nine hundred and 
twelve non-commissioned officers, privates, and musicians." 

And the question being put on this motion, it was decided in 
the negative by the following vote : — 

Ayes — Messrs. Ashe, Boudinot, S. Bourne, B. Bourne, Gilman, 
Goodhue, Grove, Livermore, Macon, Niles, Parker, J. Smith, 
Steele, Sumpter, Thatcher, Ward, Williamson, Willis. — 18. 

— Messrs. Ames, Baldwin, Barnwell, Benson, Brown, Day- 
Ion, Findley, Fitzsimons, Giles, Gregg, Hartley, Huger, Key, Kit- 
chell, Kittera, Lawrance, Learned, Madison. Moore, Muhlen- 
berg, Murray, Page, Schoonmaker, Seney, Wm. Smith, Ster- 
rett, Sturges, Silvester, Tredwell, Tucker, Tenable, Wadsworth, 
Wayne, White.— 34. 

On the 31st, the bill having been further amended, was or- Id. p. 500. 

dered to the third reading; and, on the next day, the blanks 

having been filled up, the bill was read the third time, and the 

Passed by question on its passage was decided in the affirmative, as fol- 
House. ' ] ows: _ 

"*iyes — Messrs. Ames, Baldwin. Barnwell, Benson, Brown, 
Clarke, Dayton, Findley, Fitzsimons, Giles, Hartley, Huger, 
Kitchell, Kittera, Learned, Madison, Moore, Muhlenberg, Mur- 
ray, Page, Seney, Wm. Smith, Sterrett, Silvester, Tredwell, 
Tucker, Wadsworth, Wayne. White. — 29. 

Noes — Messrs. Ashe, S. Bourne, B. Bourne, Gilman, Good- 
hue, Gordon, Grove, Hillhouse, Jacobs, Macon. Niles, Parker, 



HISTORY OF CONGRESS. 503 



CHAJP. V. National Defence— Military Establishment. 1792. 



2d congress. Jere. Smith, I. Smith, Steele, Sumpter, Thatcher, Ward, Wil- 

lst Session. .. 

lis.— 19. 

The bill was then sent to the Senate, where it was read the 
first time on the 3d of February, and, under a temporary in- s. Journal, 
, junction of secrecy, was printed in the form in which it had P* 384, 
passed the House of Representatives, as follows : — 

Bill as it " Sect. 1. Be it enacted, by the Senate and House of Repre- 
House sentatives of the United States of America, in Congress as- 
sembled — That the battalion of infantry, and two regiments of 
infantry, now in service, be completed in their numbers, accord- 
ing to the establishment. 

" Sect. 2. And be it further enacted — That there shall be id. p. 385. 
raised, for a term not exceeding three years, three additional re- 
giments of infantry, each of which, exclusively of the commis- 
sioned officers, shall consist of nine hundred aud twelve non- 
commissioned officers, privates, and musicians. And the Presi- 
dent may employ as many of the said troops as riflemen as he 
shall think proper: Provided — That the said three regiments 
shall be discharged as soon as the United States shall be at peace 
with the Indian tribes. 

"Sect. 3. And be it further enacted — That the said addi- 
tional regiments shall be organized in the same manner as the 
regiment of infantry described in the act, passed during the se- 
cond session of the first Congress, entitled * An act for regu- 
lating the military establishment of the United States.' 

" Sect, 4. And be it further enacted — That there shall be 
raised a squadron of light dragoons, which, exclusively of the 
commissioned officers, shall consist of three hundred and four 
non-commissioned officers, privates, and musicians, and that it 
shall be a condition, in their enlistments, to serve as infantry 
whenever they shall be ordered thereto. That the organization 
of the said squadron of light dragoons shall be as follows; name- 
ly: one major commandant, one adjutant, one quarter-master, 
one pay-master, one surgeon's mate; and four troops, each of 
which shall consist of one captain, one lieutenant, one cornet, 
four sergeants, four corporals, one farrier, one saddler, one 
trumpeter, and sixty -five dragoons; and the said squadron shall 
be raised for a term not exceeding three years. 

"Sect. 5. And be it further enacted — That the non-com- 
missioned officers, privates, and musicians, of the said three re- 
giments of infantry, and the squadron of light dragoons, shall 
be enlisted for the term of three years, unless previously dis- 
charged. 



HISTOBT OF CONCUSS. 






*m "Sect. 6. Jtnd be it further exacted— That every, recruit, 

— ~i: sizi! be e-'s^ £ ":v vine ::":ii« 2::. siC re-iei^e f^x i;I- 
'/; ;i:f 1:11:7. >ii -Jil: ±e sine 511".'. ie ~::e 1; :; vie 



Hocss. missioned oineers, privates, and musicians, now in service, who 
live ei"„>:ei :':: :i.ree jms. f.ne lie 1155.1; :: 11 e :.:":resi.:d 
act, entitled * An act for regulating the military establishment of 
the United States.' 

"Sect. 7. Jbui be it further enacted—That the 
sinned aficers, who snaA be employed 10 recruit fox Ike 
blishment, shall be entitled to receive for every recruit, dol y en- 
Lf.ei 211 ~ 1 5 ; f r e i . :~: ::£::: 

"Sect. 8. .2nd be it further enacted— Tnat the monthly p*y 

rates, and musicians, in the military establishment of the United 

5:.i:e.s. ni ::" :i.e :.i:ee :ei nei:5 mi >:_::ir:i: :: l^r.: :n- 
z: :i5. n±:r:ze£ :t :i .5 :::. fill. :e. 1 :*_:ire-. ii :':'.".:- 5. :':ee 
of all deductions: to wit: — 

remerol Staff. — A major general, one hundred and sixty- 
six dollars; a brigadier general, one hundred and tour dollars; 
r. one hundred dollars; adjutant, sixty dollars; in- 

-. ii.T i:":i5: :';.::".:. 1. 11:7 i:ll:if: sirrezi. ser=i:v 
d:.".ir5: 1=11:7 :iir:e:-~i5:i:. i::j i;Jiri: i:^:e-:n.:. :i li- 
c .: :i :: 1:5 117 .1 lit .:ie. i^ei:j-i:i: i:".".u-5: :;.i::e 112;::. 
in addition to his pay in the line, tw e nty- tour dollars. 

" BegimentaL — lieutenant colonel commandant, sixty dol- 
'.. . : 1 is ::--niii: ::' ..:::: :i> ::: irillery. i:":y-iv; i;.- 
lars; pay-master, in addition to his pay in the line, ten dollars; 
quarter-master, in addition to his pay in the fine, eight dollars; 
cf ;:ni:. ii : ::.:.::. :: if 117 .1 1.; lie. :ei iziiis. ~: :i; :: 
infantry, fifty dollars; captains, fifty dollars; lieutenants, twenty- 
5: j ::i::5. eif 115 ::.i ::rie:5. :~ ei:j i: iii : 5::ie:i5. iir.r- 
£-re ::i::5. i.:::f. 1 .7:7 ::*.".i:f; serren: 1: ;::■= 11: ::n.er- 
~ii>:: ri:!!-. = ii: ::'.!:::: 5i: :: :i 5 .:.:r.5. sevei _:i:i5. 
sergeants, seven dollars; corporals, six dollars; privates, tour dol- 
fbur dollars; artificers, allowed to the light dra- 

ni iri.i.irr. ni .:.:!_::: if -7.-1:^5. i.zr.\ iiiiirs: :::• 

and nurses in the hospital, eight dollars. 
m SecL9. And be it further enac&ed— That the 
m fie* thereat tor the 

privates, and musicians, of the additional troops 
booed shall be the same as described in the aforesaid act, 
tied 'An act for regulating the military establishment of the 
United States,* and in the act pased in the third session of the 




HISTORY OF CONGRESS. 505 



CflAP. V. National Defence— Military Establishment. 1792. 



2d congress, fi^t Congress, entitled ' An act for raising and adding another re- 
~~ giment to the military establishment of the United States, and 
passed The f° r making further provision for the protection of the frontiers.' 
House. " Sect. 10. And be it further enacted-— That the forage to be al- 

lowed to the officers of the additional regiments authorized by 
this act, be the same as described by the acts before mentioned, 

"Sect. 11. And be it further enacted — That the allowance of S. Journal, 
clothing for the non-commissioned officers and privates of the P' 386 * 
three regiments and squadrons aforesaid, shall be the same as is 
by law established. That suitable clothing be provided for the 
cavalry, and adapted to the nature of the service, and conformed 
as near as may be to the value of the clothing allowed the infan- 
try and artillery* 

"Sect. 12. And be it further enacted — That all the commissioned 
and non-commissioned officers, privates, and musicians, of the three 
regiments and squadron, aforesaid, shall take the same oaths, 
shall be governed by the same rules and regulations, and, in 
cases of disabilities, shall receive the same compensations, as are 
described in the before-mentioned act, entitled ' An act for re- 
gulating the military establishment of the United States.' 

"Sect. 13. And be it further enacted — That it shall be lawful 
for the President of the United States, to forbear to raise, or to 
discharge after they shall be raised, the whole or any part of the 
said three additional regiments of infantry, or the squadron of 
light dragoons, in case events shall, in his judgment, render his so 
doing consistent with the public safety. 

"Sect. 14. And whereas, in case the forbearing to raise the 
whole, or some part of the said three additional regiments should 
be deemed not consistent with the public safety, it will still be desi- 
rable that all unnecessary expense should, as far as possible, be 
avoided; and to that end, that the officers for the same should 
only be appointed from time to time, as occasion may require: 
Be it enacted — That the President alone be authorized to make 
all such appointments as may not be required previously to the 
close of the present session of the Senate, and may become ne- 
cessary before the next session of Congress. 

"Sect. 15. And be it further enacted — That the President of the 
United States be, and he hereby is, authorized to engage, in lieu 
of the whole, or any part of the three regiments authorized by 
this act, or, in addition to the same, such number of infantry or 
cavalry as in his judgment the public service may require: Pro- 
vided — That the entire number of non-commissioned officers and 
privates, including such part of the said regiments as may be 
Vol. I.— 64 



506 HISTORY OF CONGRESS. 



CaxP. V. National Defence— Military Establishment. 1792. 



2d congress, raised and not discharged, shall not exceed six thousand : And 

1st Session. ° 

" ~ provided — That the infantry and cavalry shall not be engaged for 
passed the a l° n g er term than nine months, nor be allowed, the infantry, 
House. more than twenty-five cents per day, nor the cavalry, each per- 
son engaged finding his own horse, arms, and accoutrements, and 
at his own risk, seventy-five cents per day, and twenty-five cents 
per day in lieu of rations and forage : provided he furnish himself 
therewith : — and the allowance to the non-commissioned officers, 
whether in the infantry or cavalry, shall not exceed, to those of 
the infantry, thirty-three cents and one-third of a cent per day,, 
and to those of the cavalry, one dollar and twenty-five cents per 
day. 

" Sect. 16. And be it further enacted — That the President alone 
be, and he hereby is> authorized to appoint, for the infantry and 
cavalry so to be engaged, the proper commissioned officers, who 
shall not exceed in number and rank the proportions assigned to 
the said three regiments and squadron, respectively; and whose 
pay, and other allowances, shall not exceed those of officers of 
corresponding rank in the said regiments and squadron. 

" Sect. 17. And be it further enacted — That the President of the 
United States be authorized, in case he shall deem the measure 
expedient, to employ a number not exceeding one thousand, of 
Indians, belonging to the tribes in alliance with the United 
States, to act against the hostile Indians; and also to make 
them such compensations as he shall judge right, not exceeding 
twenty thousand dollars in the whole." 

Amended The question on the second reading of this bill caused a con- s. Journal, 
in Senate. s id e rable discussion in the Senate, and occupied the 6th, 7th, 8th, P- 387 - 
2d reading, and 9th of February, when a motion to postpone the second 

reading was decided in the negative. It was then moved to ex- id. p. 388. 
punge the second section ; and the question being put, this mo- 
tion was decided in the affirmative, by the following vote : — 

Yeas — Messrs. Bradley, Butler, Few, Foster, Gunn, Hawkins, 
Lee, Monroe, Robinson, Sherman, Stanton, Strong, Wingate. 
—13. 

Nays — Messrs. Bassett, Cabot, Carroll, Dickinson, Ellsworth, 
Henry, Izard, Johnston, Langdon, Morris, Read, Rutherford. 
—•12. 
Comirit- The bill was then referred to Messrs. Strong, Gunn, Monroe, id. p. 392. 
te<L Bradley, and Ellsworth, to consider and report generally there- 

on. Mr. Strong, on the 15th, reported the bill in an amended 
form. On the following day, it was moved to postpone the re- 



HISTORY OF CONGRESS. 507 



Chap. V. National Defence— Military Establishment. 1792. 



2d congress, port of the committee, so far as to take into consideration the 

1st Session. r , , 

proposed amendment to the 15th section; but the motion was 

rejected. A motion was then made to postpone the report, and 
to reconsider the second section of the bill which had been re- 
jected. After some discussion of this motion, the further consi- 
deration of the bill was postponed until the next day ; and, on 
the day following, a motion to adopt the second section was s. Journal, 
agreed to, as follows : — p " 

Yeas — Messrs. Bassett, Burr, Cabot, Carroll, Dickinson, Ells- 
worth, Hawkins, Henry, Tzard, Johnston, King, Langdon, Mor- 
ris, Read, Rutherford. — 15. 

Nays — Messrs. Bradley, Butler, Few, Foster, Gunn, Lee, Mon- 
roe, Robinson, Sherman, Stanton, Strong, Wingate. — 12. 

The Senate then resumed the consideration of the report of 
the committee, and rejected so much of it as proposed to ex- 
punge the third section of the bill. The bill was then, after 

Recommit, further discussion, referred to Messrs. Burr, Hawkins, Read, Ells- 

ted " worth, and Gunn, with the amendments reported by the com- 

mittee, together with the motions made thereon. On the 21st, id. p. 394. 
Mr. Hawkins, from this committee, reported amendments, which, 
on the next day, were agreed to ; and the bill was ordered to the 
third reading. The bill was read the third time, on the 23d of 

Motions to February, when a motion was made to expunge the last section 

amend. Q f t k e j,^ as ft was amen ded : to wit :— 

" Sect. — . tMnd be it further enacted — That the President of the 
United States be authorized, in case he shall deem the measure 
expedient, to employ such number of the Indians, and for such 
compensations, as he may think proper : Provided, the said com- 
pensations do not, in the whole, exceed twenty thousand dol- 
lars." 

The question on this motion was decided in the negative, as 
follows : — 

Yeas — Messrs. Bassett, Bradley, Monroe, Robinson, Ruther- 
ford, Sherman, Strong, Wingate. — 8. 

Nays — Messrs. Burr, Cabot, Carroll, Dickinson, Ellsworth, 
Few, Foster, Gunn, Hawkins, Henry, Izard, Johnston, King, 
Langdon, Lee, Morris, Read, Stanton. — 18. 

Mr. Butler was excused from voting on the question. 

It was then moved to amend this section, so that it should 
read as follows : — 

" And be it further enacted — That the President of the United 
States be authorized to distribute such sums as he may think 



508 HISTORY OF CONGRESS. 



CttAP. V. National Defence— Military Establishment. 179*2. 



2d congress, proper, a mono; the Indians in alliance with the United States. 

1st Session. r r ° 

not exceeding twenty thousand dollars in the whole." 

Motions to 

amend. And this motion was determined in the negative. 

It was then moved to reduce the number of each regiment to 
nine hundred and twelve non-commissioned officers, privates, 
and musicians, instead of nine hundred and sixty, as reported by 
the committee ; and this motion was decided in the negative, by 
the following vote : — 

Yeas — Messrs. Burr^ Cabot, Few, Rutherford, Sherman, Stan- 
ton, Strong, Wingate. — 8. 

Kays — Messrs. Bassett, Bradley, Carroll, Dickinson. Ellsworth, 
Foster, Gunn, Hawkins, Henry, Izard, Johnston, King, Langdon, 
Lee, Monroe, Morris, Read, Robinson. — 18. 

Mr. Butler was also excused from voting on this question. 

It was then moved to expunge the second section of the bill, 
and substitute as follows-: — 

" Sect. — . &nd be it further enacted — That the President of g. journal, 
the United States be, and he hereby is, authorized to engage such P- 395, 
number of expert woodsmen, to serve as infantry or cavalry, as, 
in his judgment, the public service may require: Provided — 
That the entire number of non-commissioned officers and pri- 
vates shall not exceed two thousand: And provided — That the 
infantry and cavalry shall not be engaged for a longer time than 
ten months, nor be allowed, the infantry more than twenty-five 
cents per day, nor the cavalry, each person engaged finding his 
own horse, arms, and accoutrements, and at his own risk, seven- 
ty-five cents per day, and twenty-five cents per day, in lieu of 
rations and forage, provided he furnish himself therewith; and 
the allowance to the non-commissioned officers, whether in the 
infantry or cavalry, shall not exceed, to those of the infantry 
thirty-three cents and one-third of a cent per day, and to those 
of the cavalry one dollar and twenty-five cents per day." 

And the question on this motion was decided in the negative, 
as follows: — 

Yeas — Messrs. Bradley, Butler, Few, Foster, Gunn, Lee, 
Monroe, Robinson, Sherman, Stanton, Strong, Wingate. — 12. 

Nays — Messrs. Bassett, Burr, Cabot, Carroll, Dickinson, Ells- 
worth, Hawkins, Henry, Izard, Johnston, King, Langdon, Mor- 
ris, Read, Rutherford. — 15. 

The question on the passage of the bill, as amended, was then 
decided in the affirmative, by the following vote: — 



HISTORY OF CONGRESS. 509 



Chap. V. National Defence— Military Establishment, 1792. 



2d congress. Yeas — Messrs. Bassett, Burr, Cabot, Carroll, Dickinson, Ells- 

lst Session. 7777 » 

worth, Gunn, Hawkins, Henry, Izard, Johnston, King, Lang- 
Billpassed. ^ Morris? Read? Rutherford.— 16. 

Nays—~ Messrs. Bradley, Butler, Few, Foster, Lee, Monroe, 
Robinson, Sherman, Stanton, Strong, Wingate. — 11. 

The amendments of the Senate are as follow: — 

Amend- " Section 1. Expunge from lines 2 and 3, these words: ? and 
ments of j_ wo regiments of infantry.' Line 3. Strike out 'in their num- 
bers,' and, at the end of the same section, add, i and that the 
two regiments of infantry, now in service, be completed to the 
number of nine hundred and sixty non-commissioned officers, 
privates, and musicians, each.' 

"•Section 2. Strike out, after the word 'regiments,' 2d line, to 
the word * provided,' in the 5th line, and insert ' each of which, 
exclusively of the commissioned officers, shall consist of nine hun- 
dred and sixty non-commissioned officers, privates, and musicians ; 
and that one of the said regiments be organized in the following 
manner, that is to say : two battalions of infantry, each of which, 
exclusively of the commissioned officers, shall consist of three hun- 
dred and twenty non-commissioned officers, privates, and musi- 
cians; and one squadron of light dragoons, which, exclusively of 
the commissioned officers, shall consist of three hundred and 
twenty non-commissioned officers, privates, and musicians; and 
that it shall be a condition in the enlistment of the said dragoons, 
to serve as dismounted dragoons, whenever they shall be ordered 
thereto ; that the organization of the said squadron of light dra- 
goons shall be as follows; namely: one major, one adjutant, one 
quarter master, one surgeon's mate, and four troops, each of which 
shall consist of one captain, one lieutenant, one cornet, four ser- 
geants, four corporals, one farrier, one saddler, one trumpeter, and 
sixty-nine dragoons ; and the President may arm the said troops 
as he shall think proper ; and that the said regiments shall be 
otherwise organized, as the regiment of infantry described in an 
act, passed the second session of the first Congress, entitled ' An 
act for regulating the military establishment of the United 
States:' Provided — That the said three regiments shall be dis- 
charged as soon as the United States shall be at peace with the 
Indian tribes.' 

" Strike out the 3d and 4th sections. 

" Sect. 5, line 2, 3. Strike out ' of infantry, and the squadron 
of light dragoons.' 

"Sect. 6, line 2. Strike out 'six,' and insert 'eight.' 



510 HISTORY OF CONGRESS. 



Chap.V. National Defence— Military Establishment. 179*2. 



2d congress. « Sect. 8, li?ies 3 and 4. After ■ regiments,' strike out * and squa- 

lst Sessio n. to - ^ 

dron of light dragoons.' Line 6. Strike out before the word bri- 
ments ^of g a( 3ier the letter ' s,' and to the word ■ brigadier,' add the letter 
Senate. « s.' Line 7. After * dollars,' insert ' each/ Line 8. Strike out 
' adjutant, sixty dollars ; inspector, fifty dollars,' and insert * adju- 
tant, to do also the duty of an inspector, seventy-five dollars.' 
Line 10. After the word ' major,' insert ' to act also as deputy 
inspector.' Line 10. At the end thereof, add ' principal artificer, 
forty dollars; second ditto, twenty-six dollars.' Line 12. Strike 
out 'sixty/ and insert 'seventy-five.' Lines 12 and 13. Strike 
out ' majors commandant of dragoons and artillery,' and insert 
1 major commandant of artillery, and major of dragoons.' Line 
18. Strikeout 'eight,' and insert 'seven,' and for 'seven,' in- 
sert ' six.' Line 19. For ' seven,' insert ' six,' and for ' six,' insert 
' five.' Line 19. For ' four,' insert ' three.' And Line 20. After 
the word ' the,' insert the word ' infantry.' 

" Sect. 11, line 2. After the word 6 the,' insert * infantry of S. Journal, 
the said.' Line 2, strike out the words c and squadron afore- p ' 
sad. ' 

" Sect. 12, line 2. Before the word ' three,' insert l said,' and 
in the same line, strike out the words ' and squadron aforesaid.' 
" Sect. 13, lines 3 and 4. Strike out ' of infantry, or the squad- 
ron of light dragoons.' 

" Strike out the 14th section. 

" Sect. 15, line 3. Strike out the words c or in addition to the 
same.' Line 4, strike out the words ' infantry or.' Strike out 
from the word ' require,' in the said line, to the end of the sec- 
tion, and insert as follows, < who shall not be engaged for a long- 
er term than nine months, nor be allowed, the non-commissioned 
officers, more than one dollar per day, nor the privates more 
than seventy-five cents per day, each person finding his horse, 
arms, and accoutrements, at his own risk, and twenty-five cents 
per day in lieu of rations and forage, provided he furnish him- 
self therewith.' 

t( Sect. 16, line 2. Strike out the words ' infantry and.' 4th line, 
strike out the words ' and squadron respectively.' Line 5, after 
the word ' not,' insert ' exclusively of fifty cents per day, for the 
use and risk of their horses.' Line 6, strike out the words i and 
squadron. ' 

" Sect. 17, line 2. Strike out, after the word 'employ,' to the 
end of the section, and insert 'such number of the Indians, and 
for such compensations, as he may think proper; provided the 



HISTORY OF CONGRESS. 



511 



Chap. V. 



National Defence—Military Establishment. 



1792. 



Resolu- 
tions of 
House. 



2d congress, said compensations do not, in the whole, exceed twenty thou- 

lst Session. 

sand dollars. 7 

" Number the sections in conformity to the amendments." 

Correction The amendments having been sent to the House of Repre- 
of an er- sentatives, they were there taken up for consideration on the 
24th, when a mistake therein was suggested, and some debate 
ensued, which was interrupted by a message from the Senate, 
informing the House that an error being discovered in the tran- 
script of the amendments, it was requested that the bill and 
amendments should be returned to the Senate for the purpose of 
having the error rectified. It was then determined that the 
clerk of the House should go with the bill to the Senate, and the 
mistake having been rectified by the Senate, it was returned to 
the House by the secretary of the Senate. The amendments 
were considered by the House on the 25th, when some were 
concurred in, and others disagreed to. On the 27th, the Senate 
proceeded to consider the resolutions of the House of Represent- 
atives; to wit: — 

u That they agree to the following amendments of the Senate, 
with amendments; to wit: — 

"In the amendment to the second section, strike out the last 
paragraph in the clause proposed to be inserted by the Senate, 
in these words; to wit: — 

" And that the said regiments shall be otherwise organized, 
as the regiment of infantry described in an act passed the second 
session of the first Congress, entitled e An act for regulating the 
military establishment of the United States.' " 

"And in lieu thereof, insert, 

i( Provided always, and be it enacted — That it shall be 
lawful for the President of the United States, to' organize the 
said five regiments of infantry, and the said corps of horse and 
artillery, as he shall judge expedient, diminishing the number of 
corps, or taking from one corps and adding to another, as shall 
appear to him proper, so that the whole number of officers and 
men shall not exceed the limits above prescribed. 

** In the thirteenth amendment to the eighth section, after the 
words ' three dollars/ for the pay of the privates, insert, 

" ' And at the rate of one dollar per month, to be paid accord- 
ing to the accumulated amount, at the time of discharge, to each 
soldier respectively; or, in case of death in the service, accord- 
ing to the amount then accumulated, to be paid to his widow, if 
any; if not, to his next of kin, in equal degree, which reserved 
pay shall not be assignable.' 



H. Journal, 
p. 520. 

S. Journal, 
p. 397. 



H. Journal, 
p. 521. 

S. Journal, 
p. 397. 

Id. p. 398. 



512 HISTORY OF CONGRESS. 



Chap. V. National Defence— Military Establishment. 1792. 



^congress. " In the third amendment to the sixteenth section, after the 
- — ession ' word ' exclusively,' insert 'to the officers of the cavalry.' 

Resolu- u They disagree to the following amendments; to wit: — 
House. " To the amendment to the sixth section. 

" To the second and third amendments to the eighth section. 
" To all the amendments to the fourteenth and fifteenth sec- 
tions; and 

" To the first amendment to the sixteenth section. 

" And agree to all the other amendments of the said bill."' 

After considering these resolutions, the Senate determined to 
agree to the amendment to their amendment of the second sec- 
tion; to disagree to the amendment of their thirteenth amend- 
ment of the eighth section, and to the amendment of their 
third amendment of the sixteenth section; and to insist on their 
amendments to the sixth section, on all their amendments to the 
fourteenth and fifteenth sections, and on their first amendment 
to the sixteenth section. 

Senate re- The Senate resolved to recede from their second and third 

cede in amendments to the eighth section of the bill. 

In the House of Representatives, the consideration of these h. journal, 
amendments was resumed on the 28th, when it was resolved by P- 522 « 
the House to recede from their amendment to the thirteenth 
amendment proposed by the Senate to the eighth section of the 
bill, and to agree to the said thirteenth amendment without 
amendment; also, to recede from their disagreement to the 
amendment proposed by the Senate to the sixth section. On all 
their other disagreements to the amendments of the Senate, as 
well as on their amendment to the third amendment proposed by 
the Senate to the sixteenth section, to which the Senate had dis- 

' House in- agreed, the House determined to insist. The House also re- 

sistandask so l ve d to desire a conference with the Senate, on the subject of s. Journal*. 

ence. the disagreeing votes, and appointed Messrs. Sedgwick, Wil- P< 399 - 

liamson, White, Dayton, and Brown, to be their managers. The 
Senate, having agreed to the proposition for a conference, ap- 
pointed Messrs. Ellsworth, Butler, and King, to be managers on 
the part of the Senate. Pending the consideration of these 
amendments in the House, on the question that the House insist 
on their disagreement to the amendment of the Senate, to strike 
out the fourteenth section of the bill, the ayes and noes being 
required, the decision was as follows: — 

Jlyes — Messrs. Ames, Ashe, Baldwin, Barnwell, Boudinot, H. Journal,, 
S. Bourne, B. Bourne, Brown, Clarke, Dayton, Gerry, Gilman, P- 522 > 523 - 
Goodhue, Gregg, Grove, Hillhouse, Huger, Key, Kitchell, 



HISTORY OF CONGRESS. 513 



CHAP. V. National Defence— Military Establishment. 1792. 



2d congress, Learned, Macon, Madison, Moore, Muhlenberg, Murray, Niles, 

Page, Parker, Schoonmaker, Sedgwick, Seney, Jere. Smith, 

Wm. Smith, Steele, Sterrett, Sturges, Sumpter, Silvester, That- 
cher, Wadsworth, Ward, White, Williamson. — 43. 

Noes — Messrs. Benson, Fitzsimons, Hartley, Heister, Liver- 
more, I. Smith, Tredwell, Wayne, Willis.— 9. 

Mr. Steele was subsequently appointed a manager of the pro- 
posed conference on the part of the House, in the room of Mr. 
Dayton, who was incapacitated by indisposition. On the 1st of 
March, Mr. Sedgwick made a report to the House, which was 
considered, and the House adopted the following resolutions: — 

"Resolved — That this House doth recede from their disa- 
greement to the amendment of the Senate for striking out the 
fourteenth section of the said bill: also, that this House doth re- 
cede from their disagreement to the amendments of the Senate 
to the sixteenth section, and doth agree to the said several amend- 
ments without amendment. 

" Resolved — That this House doth agree to an amendment 
and modification of the fifteenth section, to read as followeth:— 

" And be it further enacted — That the President be, and he 
hereby is, authorized, from time to time, to call into service, 
and for such periods as he may deem requisite, such number of 
cavalry as, in his judgment, may be necessary for the protection 
of the frontiers: Provided — That the non-commissioned officers 
shall not be allowed more than one dollar per day, nor the pri- 
vates more than seventy-five cents per day; each person finding 
his horse, arms, and accoutrements, and at his own risk, and 
twenty-five cents per day, in lieu of rations and forage: provided 
he furnish himself therewith. " 

Report, Mr. Ellsworth, on the 2d, made a report to the Senate from s. journal, 

and agree- lne managers on the part of the House, and the Senate then p * 402 * 

mentofthe f r . 

twohouses. adopted the report oi the managers, and concurred with the 

House of Representatives in their resolutions. 

2d sessio n. On the 28th of December, 1792, being the second session of 
the second Congress, a motion was submitted that the House of 
Representatives come to the following resolution: — 

Proposi- " Resolved— That a committee be appointed to prepare and H. Journal, 

tion to re- Drm g; i n a bill to reduce the military establishment of the United p * 

duce mill- ° J 

tary es- States to «— ■ regiments, or corps, consisting each of - 

non-commissioned officers, privates, and musicians, with such 

proportion of commissioned officers as the President may think 

Vol. I.— 65 



514 HISTORY OF CONGRESS. 



Chap. V. National Defence— Military Establishment. 1792-93. 



2d congress, proper to continue in service; and to repeal so much of an act, 

2d Session. 

— passed the 5th of March, 1792, entitled t An act for making fur- H. Journal, 

ther and more effectual provision for the protection of the fron- P- 661 » 662 * 
tiers of the United States,' as may contravene this intention." 

This motion was committed to a committee of the whole house, 
and, on the 2d, 3d, and 5th of January, 1793, that committee had Id. p. 663. 
the motion under consideration, and reported their disagreement 
to the same. On the 8th, the House took up the subject. A mo- id. p. 664. 
Motion to tion was then made to amend the motion, by striking out, in the 
amend. second and third lines, the words " each of non-commis- 
sioned officers, privates, and musicians," and inserting, in lieu 
thereof, the words " of non-commissioned officers, musi- 
cians, and privates, who are now in service, or may be 

recruited before the day of next." The ques- 

Rejected. lion on this motion was decided in the negative, by the following 
vote : — 

Ayes — Messrs. Ashe, Clarke, Gerry, Giles, Gilman, Goodhue, 
Greenup, Grove, Lee, Leonard, Livermore, Macon, Madison, 
Mercer, Moore, Niles, Orr, Parker, Jere. Smith, Steele, Sumpter, 
Tredwell, Tucker, Venable, Ward, Williamson. — 26. 

Noes — Messrs. Ames, Baldwin, Barnwell, Benson, Boudinot, S. 
Bourne, B. Bourne, Dayton, Findley, Fitzsimons, Gregg, Hartley, 
Heister, Hillhouse, Huger, Kitchell, Kittera, Lawrance, Mil- 
ledge, Muhlenberg, Murray, Schoonmaker, Sedgwick, Silvester, 
J. Smith, Wm. Smith, Sterrett, Sturges, Thatcher, Wadsworth, 
White, Willis.— 32. 
Motion re- The main question, that the House agree to the said motion, id. p. 665. 
jected. was then put, and decided in the negative by the following vote : 

Ayes — Messrs. Ashe, Clarke, Giles, Gilman, Goodhue, Greenup, 
Grove, Leonard, Livermore, Macon, Mercer, Niles, Orr, Parker, 
Jere. Smith, Steele, Sumpter, Tredwell, Venable, Ward. — 20. 

Noes — Messrs. Ames, Baldwin, Barnwell, Benson, Boudinot, S. 
Bourne, B. Bourne, Dayton, Findley, Fitzsimons, Gerry, Gregg, 
Hartley, Hillhouse, Huger, Kitchell, Kittera, Lawrance, Lee, 
Milledge, Moore, Muhlenberg, Murray, Schoonmaker, Sedgwick, 
Silvester, J. Smith, Wm. Smith, Sterrett, Sturges, Thatcher, 
Tucker, Wadsworth, White, Williamson, Willis.— 36. 

The motion was, therefore, decided in the negative. 



let congress. The message of the President of the United States, which was 1789. 

l8t introduced in the commencement of this chapter, in the views h. Journal, 

P . 75. 



HISTORY OF CONGRESS. 51 5 



Chap. V. National Defence— Treaties with Indians. 1789. 



Indians. 



istcon-ress. which it contained of the measures necessary for the national de- 
ist Session. J 

fence, embraced the negotiation of treaties with the Indians ; and 
one of the resolutions of the committee of the whole house on the 
state of the Union, to which that message was referred, distinctly 
recognised the policy of such a measure ; and it was ordered that 
Messrs. Clymer, Ames, and Moore, be a committee to prepare 
and bring in a bill to carry this purpose into effect. Mr. Clymer, 
on the 10th of August, 1789, from this committee, presented a 
Bill as to " bill providing for the expenses which may attend negotiations or H. Journal, 
indkns Wtl1 * reat * es w * tn tne Indian tribes, and the appointment of commis- P* 77 ' 
sioners for managing the same ;" which was then read the first 
time, and received the second reading on the next day, when it 
was also considered in committee of the whole, and reported with 
amendments, which were agreed to by the House, and the bill 
was ordered to the third reading. 

On the same day, the following motion was submitted to the 
House : — 

Motion " Resolved — That in case of refusal of the Creek Indians to 
submitted. ^ rea ^ or> on treaty, to agree to such articles and terms, as to the 
commissioners, to be appointed, shall appear necessary and just, 
the President of the United States shall be, and he is hereby, au- 
thorized to raise, or cause to be raised, such number of troops, in 
the pay and establishment of the United States, or to call forth 
and imbody such proportion of the militia of the states of South 
Carolina and Georgia, as will secure and protect, by such proper 
posts as he may think necessary, the inhabitants of the state of 
Georgia from the invasion and further inroads of the Creek In- 
dians : Provided — That the whole number of men so to be raised, 

on the establishment of the United States, shall not exceed , 

nor be continued for a longer term than : And provided, also 

— That the whole number of the militia, so to be called forth and 

imbodied, shall not exceed ; nor shall any one person be 

obliged to serve more than ; and the said militia, when in 

actual service, shall be entitled to the pay and emoluments of 
the troops of the United States." 

Motion This motion was ordered to be committed to a committee of id. p. 78. 
committed the whole, on the state of the Union. 

On the 12th of August, the bill providing for the expenses 
which may attend negotiations or treaties with the Indian tribes, 
and the appointment of commissioners for managing the same, 
was read the third time. It was then moved to fill up the first 
blank with the sum of forty thousand dollars; which motion 
was decided in the affirmative by the following vote : — 



516 HISTORY OF CONGRESS. 



CHAP. V. National Defence— Treaties with Indians. 1789. 



istcongress. Ayes — Messrs. Baldwin, Benson, Brown, Burke, Cadwalader, h. Journal, 

m Clymer, Coles, Fitzsimons, Gale, Griffin, Hartley, Huntington, P* 78, 

fill blank, Jackson, Lawrance, Lee, Madison, jr., Mathews, Muhlenberg, 
agreed to. p a ge, Scott, Smith, of South Carolina, Stone, Silvester, Trum- 
bull, Tucker, Vining, Wadsworth, Wynkoop, — 28. 

Noes — Messrs. Ames, Boudinot, Carroll, Floyd, Gerry, Gilman, 
Grout, Hathorn, Heister, Leonard, Livermore, Moore, Parker, 
Partridge, Van Rensselaer, Schureman, Sedgwick, Seney, Sher- 
man, Smith, of Maryland, Sturges, Sumpter, Thatcher. — 23. 

The bill was then recommitted to a committee of the whole id. p. 79. 
house, and was immediately taken up and considered in commit- 
tee, and an amendment was reported, which was agreed to, and 
the bill was again ordered to the third reading. On the 13th, 
Passed by the bill was read the third time, and passed, and was sent to the 
House. Senate, where, on the same day, it was read the first time, and s. Journal, 
Committed received the second reading on the 14th, and was committed to p ' 
in Senate. Messrs. Few, Ellsworth, King, Lee, and Butler. On the 17th, 
this committee reported, that it be 
Report. " Resolved — That there be allowed and paid to a superinten- 
dent of Indian affairs, in the southern department, that may be 
nominated by the President, and appointed by and with the ad- 
vice and consent of the Senate, the sum of per day, in- 
cluding his expenses for the time he may be employed in attend- 
ing a treaty, proposed to be held by the commissioners of the 
United States and the Creek Indians, at the Rock Landing, in 
the state of Georgia, on the 15th day of September next. 

(i That, in case the proposed treaty should fail in the desired 
object, of establishing peace between the citizens of the United 
States and the Creek Indians, Congress will make such grants of 
money, and pursue such other measures, as will be necessary for 
the protection and safety of the inhabitants of the southern 
frontiers, and best secure the peace of the United States." 

Disagreed This report was disagreed to by the Senate. It was then id. p. 80. 
t0 - moved that it be 

" Resolved— That the President of the United States be re- 
quested to nominate a fit person, for superintendent of Indian af- 
fairs in the southern department, in order that he may be sent 
forward as soon as may be, to act with the commissioners of In- 
dian affairs, in the southern department, appointed pursuant to 

a resolution of Congress, passed on the day of , and 

aid them in carrying into effect a treaty that is proposed to be 
held with the Creek nation, on the 15th day of September next, 
jn the state of Georgia, at the Rock Landing. 



HISTORY OF CONGRESS. 517 



CHAP. V. National Defence— Treaties with Indians. 1789. 



istcongress. " That the sum of dollars be delivered to the said su- 

lst Session. . , , # 

penntendent, to be appropriated for the immediate purpose of 

amend"" 10 the said treat y> for wbich sum he sha11 be accountable. 

" That the President of the United States be requested to in- 
struct the said superintendent and commissioners, to hear and 
fully investigate all the complaints and grievances of the said 
Creek Indians, and to use all the means in their power to quiet 
their minds, and to do them ample justice, agreeably to the 
aforesaid resolution of Congress, and instructions heretofore given 
for that purpose : That, if the said Indians should prove refrac- 
tory, or refuse to treat, and establish peace on just and reasona- 
ble terms, then, and in that case, the said superintendent and 
commissioners be directed to make immediate report thereof to 
the President of the United States, and Congress will make such 
grants of money, and pursue such other measures as will be ne- 
cessary for the safety and protection of the inhabitants of the 
southern frontiers, and best secure the peace of the United 
States." 

Rejected. The question being taken on this motion, it was decided in the 

negative. 
Motions to It was then moved that the Senate adopt the following reso- 
amend. ] ut ion : .— 

" Resolved — That the President of the United States be au- 
thorized and empowered, and he is hereby authorized and em- 
powered, should the Creek Indians decline to make peace 
with the state of Georgia, to take effectual measures for cover- 
ing the state of Georgia from the incursions of the Indians, 
either by ordering some of the troops now at Fort Harmar to 
march to the frontiers of Georgia, or by embodying such a num- 
ber of the militia as he shall think sufficient to ensure to the ci- 
tizens of Georgia protection and the cultivation of their lands in 
peace and security; and that he be empowered to draw on the 
treasury for defraying the expenses of the same." 

And on motion for the previous question; to wit: — "Shall the 
main question be now put?" it was decided in the negative. 

The bill was again taken up for consideration on the 18th, 
when amotion to strike out " eight dollars " from the clause 
providing for the compensation to the commissioners, and insert 
" five dollars," in line 8th; another motion to insert, after 
" eight dollars per day," the words "at the discretion of the 
President:" and a third motion, to strike out " eight dollars," 
and insert " six dollars," were all decided in the negative; and 



518 HISTORY OF CONGRESS, 



Caxr. V. National Defence— Treaties with Indians. 1789. 



istCon»Tess. it was ordered, so far to dispense with the rules of the Senate 
— "~ 1U ' that the bill should be read the third time on this day. It was 
then moved to strike out, in line 3d, " forty," and insert " twen- 
ty," in order thereby to limit the sum to be expended in nego- 
tiating a treaty with the Indian tribes to twenty thousand dol- 
lars. The question being put on this motion, it was determined 
Amended, in the affirmative by the following vote: — 

Yeas — Messrs. Carroll, Dalton, Ellsworth, Elmer, Henry, s. Journal, 
Johnson, King, Langdon, Read, Schuyler, Strong, Wingate. P* 81 * 
—12. 

Says — Messrs. Butler, Few-, Gunn, Izard, Lee, Maclay, Mor- 
ris. — 7. 

It was then moved that the Senate adopt the following reso- 
lution: — 

u Resolved — That Congress will make provision for the dis- 
charging of any expenses that may be incurred by such military 
arrangements as the President of the United States may think 
proper to make, for the purpose of protecting the citizens of 
Georgia from the depredations of the Creek Indians, should 
peace not take place with them, or should they, having agreed 
to a peace, violate the same." 

And on motion for the previous question, it was decided in 
Passed by the negative. The bill was then passed in its amended form. 
Senate. The House, on the 19th concurred in the amendment of the H. Journal, 
Senate. P- w - 

2d session. It has been already stated that the bill to regulate the military l?90. 
establishment of the United States, which was passed at the se- ~ 
cond session of the first Congress, was reported by a committee 
to whom was referred a message from the President of the United 
States, of the 12th of January, 1790, and that none of the pro- 
ceedings on that bill appear upon the public Journals of the 
House of Representatives. Another bill emanated from the same s. Journal, 
committee, and was carried through the House of Representa- P* ■** 
tives with the same secrecy: and, on the 29th of March, the fol- 
lowing message was sent to the Senate from the House: — 

' ; Mr. President — The House of Representatives have passed 
another bill upon the subject of the confidential communications 
made by the President of the United States, in which they re- 
quest the concurrence of the Senate." 

Bill for The Senate then proceeded to the first reading of the bill, en- 
u2tv with ^ e( * "^ n act providing for holding a treaty or treaties, to esta- 
Indians. 



HISTORY OF CONGRESS. 519 



CHAP. V. National Defence— Treaties with Indians. 1790. 



1st congress, blish peace with certain Indian tribes." This bill was not taken up s. Journal, 

for the second reading until the 9th of July, when it was committed P* 176 ' 

to Messrs. Schuyler, Gunn, and Langdon, and was reported on 
the 16th, with amendments, when it was ordered to the third id. p. 181. 
reading. On the following day, the bill was read the third id. p. 182. 
Bill passed, time, and passed in its amended form. The amendment of the H. Journal, 
Senate received the concurrence of the House on the same day. p ' 
Bill to re- On the 30th of March, Mr. Wadsworth, from the same com- id. p. 185. 
g"Jf te , mittee, presented to the House of Representatives a bill to regu- 
inter- late trade and intercourse with the Indian tribes, which was then 

course. rea( j ^ ^ rs ^ tj mGj an j received the second reading, and was com- 
mitted to a committee of the whole house, on the following day. 
The bill was taken up in committee on the 10th of April, and id. p. 192. 
also on the 28th, on which day the committee was discharged 
from further proceeding on the bill, and it was recommitted to 
Messrs. Wadsworth, Brown, Boudinot, Burke, Baldwin, Liver- 
more, Ames, Lawrance, Scott, Smith, of Maryland, Sumpter, 
and Steele. Mr. Wadsworth, on the 14th of May, presented, Id. p. 216. 
Amenda- from this committee, an amendatory bill, which was then read 
tory bill, ftie first time, and received the second reading, and was com- 
mitted to a committee of the whole house, on the following Mon- 
day. On the 22d of June, this bill was considered in commit- Id. p. 217. 
tee of the whole, and several amendments were reported, which 
Motion to were agreed to by the House. It was then moved to amend 
amend# the bill by striking out the fourth section, in the words follow- 
ing:—- 

" And be it further enacted — That a sum, not exceeding 

thousand dollars, be appropriated out of the moneys arising from 
duties on imposts and tonnage, subject to the orders of the Pre- 
sident of the United States, to be laid out in goods and articles of 
trade, suitable for supplying the wants and necessities of the In- 
dians, and to be vended and retailed to them through the agency 
of the said superintendents, and persons to be licensed by them 
for that purpose, in such manner, and conformably to such regu- 
lations, as the President of the United States shall establish." 

Negatived. The question being put on this motion, it was decided in the 
negative, by the following vote : — 

Ayes — Messrs. Ashe, Blood worth, Coles, Floyd, Foster, Gerry, id. p. 248, 
Goodhue, Hathorn, Heister, Huger, Huntington, Jackson, Leo- 249, 
nard, Livermore, Parker, Van Rensselaer, Schureman, Sedgwick, 
Seney, Sevier, Sherman, Silvester, Stone, Sturges, Sumpter, 
Tucker.— 26. 



520 HISTORY OF CONGRESS. 



Chap. V. National Defence— Treaties with Indians. 1790. 



1st congress. JVbes — Messrs. Ames, Baldwin, Benson, Boudinot, Brown, Cad- 

: — — walader, Contee, Fitzsimons, Gale, Gilman, Griffin, Hartley, 

Lawrance, Lee, Madison, jr., Mathews, Moore, Muhlenberg, 
Page, Scott, Sinnickson, Smith, of Maryland, Smith, of South 
Carolina, Steele, Trumbull, Wadsworth, White. — 27. 
Passed by The bill was then ordered to the third reading ; and on the s. journal, 
House. following day, it was read the third time and passed. On the P- J^- 174 
same day, the bill received the first reading in the Senate, and 
was read the second time on the 2d of July, when it was com- 
mitted to Messrs. Hawkins, Few, and Schuyler. Mr. Hawkins, 
Amended on the 8th, reported amendments, and the bill was amended ac- 
by Senate, cordingly, and ordered to the third reading. And on the 9th, 
the bill, as amended, was passed, and sent to the House for con- 
currence in the amendments ; and the House concurred in the 
amendments on the following day. 

On the 12th, however, as appears by the Journal of the H. Journal, 
House of Representatives, it was discovered that a mistake had P- 267 » 268 - 
been made in the message from the Senate, whereby an amend- 
Disagree- ment proposed on the part of the Senate for striking out the 
mg votes. f our t n section of the bill, had been omitted. The fourth section 
is as follows : — 

" Sect. 4. And be it further enacted — That a sum, not exceeding 
ten thousand dollars, be appropriated, out of the moneys arising 
from duties on imposts and tonnage, subject to the orders of the 
President of the United States, to be laid out in goods and arti- 
cles of trade, suitable for supplying the wants and necessities of 
the Indians, and to be vended and retailed to them through the 
agency of the said superintendents, and persons to be licensed by 
them for that purpose, in such manner, and conformably to such 
regulations as the President of the United States shall establish." 

House re The House then proceeded to consider this amendment, and 
cede. disagreed to it. The Senate, on the same day, adopted a resolu- Si j ourna i 

tion to insist on their amendment. On the 13th, the House of p- 177. 
Representatives also determined to insist on their disagreement, h. Journal, 
and desired a conference with the Senate on the subject, ap- p- 269 - 
pointing Messrs. Madison, Scott, and Moore, to be managers at 
the conference, on their part. The Senate, on the next day, s. Journal, 
agreed to the conference, and appointed Messrs. Schuyler, Ells- P* 179 - 
worth, and Strong, to be their managers. Mr. Madison made a 
report from the managers to the House of Representatives, on h. Journal, 
the 19th, and the House then resolved to recede from their disa- P* 2 * 3, 
greement to the amendment of the Senate. 



HISTORY OF CONGRESS. 521 



CHAP. V. National Defence— Indians. 1790-91. 



1st congress. At the commencement of the third session of this Congress, the H. Journal, 

— L - p res id en t of the United States, in his opening speech, informed P- o31 > 33 • 

Expedi- j ne f. wo nouses of the necessity which had been imposed on him 
tion a- J . , , 

gainst in- by the incursions of the Indians, of authorizing an expedition for 

north-west tne P ur P ose °f repelling them. And on the 9th of December, 
frontiers, the speaker laid before the House of Representatives a letter 
from the secretary of war, accompanied with a statement of the 
information on which the expedition against the Indians north- 
west of the Ohio had been founded ; and also the instructions to Id. p. 336. 
the governor of the western territory, and the commanding offi- 
cer of the troops, relative to the same object ; together with an 
estimate of the expense with which the expedition will probably 
be attended ; all which papers were laid on the table. On the 
14th, the following message, in reference to this subject, was 
transmitted by the President of the United States to the two 
houses of Congress: — 

" United States, December 14, 1790. 

" Gentlemen of the Senate, and House of Representatives: — 
Message of " Having informed Congress of the expedition which hau been s. Journal, 
President, directed against certain Indians north-west of the Ohio, I em- P' 222# 
brace the earliest opportunity of laying before you the official 
communications which have been received upon that subject. 

" G. Washington." 

Resolu- Cm the following day, the House, in committee of the whole on h. Journal, 
tion to de- the state of the Union, adopted the following resolution : — P- 338 - 

fray ex- 
penses of « Resolved — That it is the opinion of this committee that im- 

ernexpedi- mediate provision ought to be made for defraying the expenses 

tion. incurred in the expedition against the Indians, north-west of the 

Ohio." 

And this resolution was referred, by the House, to the secreta- 
ry of the treasury, with instruction to report an appropriation 
pursuant thereto. 

On the 24th and 27th of January, 1791, the following messages, 
from the President of the United States, were communicated to 
the two houses : — 

<c Gentlemen of the Senate, and House of Representatives: — 
Messages " I lay before you a statement relative to the frontiers of the s. Journal, 

fromPresi- u n ited States, which has been submitted to me by the secretary P- 235 - 
dent &s to 

Indian de- for the department of war. 

predations, « j re jy U p 0n y 0ur w j sc jom to make such arrangements as may 
Vol. L— - 66 



522 HISTORY OF CONGRESS. 



Chap. V. National Defence— Indians. 1791. 



jst congress, be essential for the preservation of good order, and the effectual 

3d Session. * ° 

protection of the frontiers. 

Messages u Q. WASHINGTON. 

dent S1 ~ " United SMeSi Januar y 24 > 179V ' 

" Gentlemen of the Senate and House of Representatives : — 

" In order that you may be fully informed of the situation of s . journal, 

the frontiers, and the prospects of hostility in that quarter, I lay P- 236 - 

before you the intelligence of some recent depredations, received h. Journal, 

since my message to you upon this subject, of the 24th instant. P- 364, 

" G. Washington. 
" United States, January 27, 1791." 

Committed In the House of Representatives, the papers referred to in this 
in House. \ as j- message were committed to Messrs. Ames, Wadsworth, Fitz- 
simons, Vining, Brown, Williamson, and Jackson. 



2d congress. No report or further proceeding on the subject appears in the s. Journal, 
—-2-!^ j our nal of this session. But, on opening the first session of the P* 325, 
President's second Congress, the President of the United States, more in de- 
message as ta ji an( j more emphatically, called the attention of Congress to h. Journal, 

to course 7 r J* n 4°fi 

towards In- the state of the Indian frontiers, and the policy of adopting some P-* 00 - 
dians, measures of conciliation, and introducing a system of intercourse 
" calculated to advance the happiness of the Indians, and to at- 
tach them firmly to the United States." On the 27th of October, 
also, the following message was transmitted by the President of 
the United States, to the two houses of Congress : — 

" Gentlemen of the Senate, and of the House of Representatives : — 
Recall of " I na ve directed the secretary of war to lay before you, for s. Journal, 
expedition vour information, the reports of Brigadier General Scott and Lieu- P- 331 - . 
Wabash tenant Colonel Commandant Wilkinson, the officers who com- h. Journal, 
Indians. manded the two expeditions against the Wabash Indians, in the P" 441, 
months of June and August last ; together with the instructions, 
by virtue of which the said expeditions were undertaken. 

" G. Washington. 

« United States, 27th October, 179V' 

The suggestions of the President, in his opening speech, were, 

on the 31st of October, referred to Messrs. White, Lawrance, and Id. p. 445. 

Steele, with instructions from the House of Representatives to 

Bill to re- prepare and bring in a bill, or bills, pursuant thereto; and, on the 

gulate 23d of November, Mr. White, from this committee, presented a 

trsLQC re tici 

twice. bill to regulate trade and intercourse with the Indian tribes, 



HISTORY OF CONGRESS- 523 



CHAP. V. National Defence— Indians. 1791-92. 



2d congress, which was read the first and second time, and committed to a H. Journal, 

1st Session. , - p 452 

committee of the whole house. But this bill was not subsequent- F ' 

ly acted on. 
Memorial On the 2d of January, 1792, a memorial of Benjamin Lincoln, id. p. 484 
commit inbehalf of himself, Cyrus Griffin, and David Humphreys, late 
sioners. commissioners on the part of the United States, for treating of 
peace with the several tribes of Indians south of the river Ohio, 
praying the settlement of an account for authorized expenses, in- 
curred by the said commissioners, on the said mission, was present- 
ed to the House of Representatives, and referred to the secretary 
of war. The secretary, on the 4th, made a report to the House h. Journal, 
on the subject of this memorial, and the memorial and report P* 48 ^ 
were then referred to Messrs. Ames, Boudinot, and Steele, to con- 
sider and report on the subject. Mr. Ames made a report on the id. p. 488, 
5th, which was taken up for consideration, and discussed on the 489 * 
following day, and again on the 13th, when a committee was ap- id. p. 492. 
pointed, consisting of Messrs. Tucker, Giles, and Smith, of New 
Hampshire, to prepare and bring in a bill, or bills, granting to 

the said commissioners dollars, on account of their extra 

expenses, going to, and returning from, the treaty. On the 17th, 

Bill to re- Mr. Tucker, from this committee, presented a bill to reimburse 

commit certain extra expenses of the late commissioners for treating of 

sioners. __peace with the Creek Indians ; which was read the first time, and 

received the second reading, and was committed in the ordinary i^ p . 493, 
course on the next day. This bill was not further acted on. 

2d session. During the second session of this Congress, on the 22d of No- id. p. 625. 
vember, the House of Representatives again appointed a com- 
mittee, consisting of Messrs. Ames, Tucker, and Jeremiah Smith, 
Bill to re- to prepare and bring in a bill, or bills, to reimburse certain extra 
imburse expenses of the late commissioners for treating of peace with the 
sioners." Creek Indians. Mr. Ames presented a bill on the 25th of No- id. p. 626. 
vember, which was then read the first time, and received the se- 
Commit- cond reading, and was committed to a committee of the whole 
ted « house on the next day. This bill was considered in committee 

Report, on the 28th, when an amendment was reported, which was taken Id. p. 629. 
up for consideration on the 4th of December. The amendment 
of the committee was, to fill up the blank with ei twelve hun- 
dred dollars;" and the question being on concurring with the 
Motions to committee in this amendment, it was decided in the negative, 

JSS ^ b ? the followin § vote:- 

Jiyes— Messrs. Ames, Baldwin, Barnwell, Benson, Boudinot, id. p. 632, 
S. Bourne, Findley. Fitzsimons, Gilman, Goodhue, Heister, 633, 



524 HISTORY OF CONGRESS. 



CHAP. V. National Defence— Indians. 1792. 



aj congress. Huger, Learned, Milledge, Muhlenberg, Murray, Page, Sedg- 

~ wick, Wm. Smith, Sturges, Thatcher, Tucker, Wadsworth, 

Ward.— 24. 

Noes — Messrs. Ashe, B. Bourne, Clarke, Dayton, Giles, Gor- 
don, Greenup, Grove, Hillhouse, Jacobs, Kitchell, Lee, Liver- 
more, Moore, Niles, Orr, Schoonmaker, Silvester, I. Smith, 
Steele, Sumpter, Venable, White, Williamson, Willis. — 25. 

It was then moved, and agreed to, to fill the blank with the 
words " nine hundred dollars," and the bill, as amended, was 
ordered to the third reading. On the 5th, the bill was read the 
third time; and the question on the passage of the bill was then 
determined in the negative, by the following vote: — 

•Byes — Messrs. Ames, Baldwin, Barnwell, Benson, Boudinot, H. Journal, 
S. Bourne, Fitzsimons, Lawrance, Livermore, Milledge, Muh- P- 633,634. 
lenberg, Page, Sedgwick, Wm. Smith, Sturges, Thatcher, Tuck- 
er, Wadswocth, Ward, Willis. — 20. 

Noes — Messrs. Ashe, B. Bourne, Clarke, Dayton, Gordon, 
Jacobs, Key, Kitchell, Leonard, Mercer, Moore, Niles, Orr, 
Parker, Silvester, I. Smith, Steele, Tredwell, Venable, White, 
Williamson. — 21. 

Bill reject- The bill, therefore, was rejected. 

ed. 

President's 1° his annual speech to the two houses, the President of the s. Journal, 

message. United States, at the commencement of the second session of this 453, 

Congress, adverted again, at some length, to the posture of af- H. Journal, 
fairs with the Indians. P* 611, 

Communi- ® n tne 8tn °f November, 1792, the speaker laid before the id. p. 615. 

cation from House of Representatives a letter from the secretary of war, 

ment. epar " communicating information that, on the 27th of September last, 
Brigadier General Putnam concluded a treaty of peace, in be- 
half of the United States, with the Wabash and Illinois Indians, 
consisting of the several tribes of Eel river, Ouittananous, Potta- 
watomies, of the Illinois river, Musquetous, Kickapoos, of the 
Wabash, Piankishaws, Kaskaskias, and Peorians, which was 
laid on the table. 

Committee ^n tn e 14th, it was ordered by the House that Messrs. White, id, p. 619. 

to prepare Clarke, and Williamson, prepare and bring in a bill, or bills, to 
regulate trade and intercourse with the Indian tribes. On the 
19th, a memorial and address of the Quakers, from their seve- id. p. 621. 
ral religious societies in New Jersey, Pennsylvania, Delaware, 
Maryland, and Virginia, was presented to the House, praying 
that Congress would adopt such measures as, in their wisdom, 
may be deemed salutary and effectual for securing peace and 



HISTORY OF CONGRESS. 525 



Chxp. V. National Defence— Indians. 1792-93. 



2d congress, friendship with the original holders of this land. Ihememo- 

2d Session. • ° 

rial was laid on the table. 
Bill to re- On the 29th of November, Mr. White, from the committee H. Journal, 
trad^ d a PP°i nte d by the House, presented a bill to regulate trade and in- p * 
inter- tercourse with the Indian tribes, which was then read the first 

course. an( j seconc j time, and committed to a committee of the whole 

house. The bill was taken up for consideration in committee, Id. p. 651, 
on the 19th of December, and several amendments were report- 
ed to the House, which were discussed and deliberated upon, on 
the 20th and 21st, when some being agreed to and others reject- 
ed, the bill was recommitted to Messrs. White, Clarke, Wil- 
liamson, Baldwin, and Murray; and, on the 27th, Mr. White re- id. p. 656. 
ported an amendatory bill, which was read the first and second 
time, and committed to a committee of the whole house. This 
bill was considered in committee on the 14th of January, 1793, 
and was agreed to in its amended form; and on the 17th and 18th, id. p t 671. 
Passed by the blanks were filled up, and it was engrossed, read the third 674> - 
House. time, and passed. 

While this bill was pending in the House of Representatives, 
communications were received by the two houses which exhibit 
the unsettled character of the relations between the United States 
and the Indians at that period. On the 6th of December, the 
following message was transmitted to Congress by the President 
of the United States: — 

" Gentlemen of the Senate, and of the House of Represent- 
atives: — 
Informa- " The several measures which have been pursued to induce the S. Journal, 

turn show- i 10S ^i e Indian tribes north of the Ohio, to enter into a conference ^' 

mg- state or 

Indian af- or treaty with the United States, at which all causes of difference 

might be fully understood, and justly and amicably arranged, 

have already been submitted to both houses of Congress. 

" The paper herewith sent will inform you of the result. 

"G. Washington. 
« United States, December 6, 1792." 

On the following day, the following message from the Presi- 
dent of the United States, was received by the two houses. 

" Gentlemen of the Senate, and of the House of Represent- 
atives: — 

" I lay before you two letters, with their enclosures, from the id. p. 462. 
governor of the South-western Territory, and an extract of a 
letter to him from the department of war. 



tune. 



HISTORY OF CONGRESS. 



Chap. V. National Defence— Indians. 1792. 



2d congress. a These, and a letter of the 9th of October last, which has been 

2d Session. . 

already communicated to you, from the same department to the 
governor, will show in what manner the first section of the act 
of the last session, which provides for calling out the militia for 
the repelling of Indian invasions, has been executed. It remains 
to be considered by Congress, whether, in the present situation 
of the United States, it be advisable, or not, to pursue any fur- 
ther or other measures, than those which have been already 
adopted. The nature of the subject does, of itself, call for your 
immediate attention to it; and I must add, that, upon the result 
of your deliberations the future conduct of the executive will, on 
this occasion, materially depend. 

"G. Washington. 
" United States, December 7th, 1792." 

[The proceedings on this message will be found in a preceding s# journal, 
part of this volume.] P- 465 - 

On the 19th of December, a letter from the secretary of war h. Journal, 
was communicated, enclosing an extract of a letter from Briga- P- 65 °- 
dier General Wilkinson; also, a copy of a letter from James Lea- ' l^ m ' 
grove, Gen. Adair, and others, on the subject of Indian affairs; 
which were ordered to lie on the table. 

And, on the 24th of December, a letter from the secretary of H. Journal, 
war was communicated to the two houses, enclosing a letter from p " 
the governor of Georgia, together with a deposition respecting 
some recent and cruel murders of a number of the citizens of 
that state, by the Cherokee Indians. 

The bill to regulate trade and intercourse with the Indian s. Journal. 

tribes, was read the first time in the Senate, on the 18th, and, p-470.473. 

on the following day, it received the second reading, and was 

committed to Messrs. Ellsworth, Burr, Monroe, Bradley, and 

Billamend- Strong. On the 19th of February, Mr. Ellsworth, from this id. p. 489. 

ed m Se- committee, reported amendments to the bill; and these amend- 491 - 
nate. . 

ments were considered on the 22d, when they were, in part, 

adopted, and, on the 25th, the subject was resumed; and the re- id. p. 493. 
port of the committee, after being amended, was agreed to, and 
the bill was amended accordingly, and ordered to the third read- 
ing. On the 26th, the bill was read the third time. It was then 
moved to amend the bill, by striking out the word " proper " in 
the following clause of the first section; namely: " which super- id. p. 495. 
intendent, a person so authorized, shall, on application, issue 
such license, for a term not exceeding two years, to any proper 
person, who shall enter into bond, with one or more sureties, 



HISTORY OF CONGRESS. 527 



Chap. V. National Defence— Indians. 1793. 



Id ieS*' a PP rovec * °f D y tne superintendent or person issuing such license, 
or by the President of the United States, in the penal sum of one 
Motion to thousand dollars;" and the question being put on this motion, it 
amend re- was decided in the negative, by the following vote: — 

Yeas — Messrs. Burr, Cabot, Edwards, Few, Gunn, Hawkins, 
Johnston, Monroe, Morris, Strong, Taylor. — 11. 

Nays — Messrs. Bassett, Brown, Butler, Dickinson, Ells- 
worth, Foster, Henry, Izard, King, Langdon, Read, Robinson, 
Rutherford, Sherman, Stanton, Wingate. — 16. 

It was, on motion, agreed to substitute the following for the 
7th section, which was stricken out: — 

Amended " Jind be it further enacted — That no agent, superintendent, 
by Senate. or th er p erS0 n, authorized to grant a license to trade or purchase 
horses, shall have any interest or concern in any trade with the In- 
dians, or in the purchase or sale of any horses to or from any In- 
dian, and that any person offending herein shall forfeit one thousand 
dollars, and be imprisoned, at the discretion of the court before 
which the conviction shall be had, not exceeding twelve months." 

The bill was then passed, and the amendments were sent to 
House con- the House of Representatives for their concurrence. The House, h. Journal, 
cur# on the following day, concurred in the amendments. p. 720. 

On the 19th of February, the following message was transmit- 
ted by the President of the United States, to the House of Re- 
presentatives: — 

" United States, February 19th s 1793, 

" Gentlemen of the House of Representatives: — 
Message as " It has been agreed, on the part of the United States, that a 
to ex- treaty or conference shall be held at the ensuing session, with 

penses o* 

holding a the hostile Indians north-west of the Ohio, in order to remove, 
treaty •£ p 0SS ibl e? all causes of difference, and to establish a solid peace 
dians with them. 

north-west << As the estimates heretofore presented to the House for the id. p. W* 
Ohio. current year, did not contemplate this object, it will be proper 

that an express provision be made, by law, as well for the gene- 
ral expenses of the treaty, as to establish the compensation to be 
allowed the commissioners, who shall be appointed for the pur- 
pose. 

" I shall therefore direct the secretary of war to lay before 
you an estimate of the expenses which may probably attend the 

measure. 

" G. Washington. " 



528 HISTORY OF CONGRESS. 



Chulp. V. National Defence— Spanish Interference in Creek Treaty. 1793. 



2d congress. This message was accompanied with a letter from the secreta- 

~~ ry of war, and the papers were all referred to Messrs. Boudinot, 

White, and Wadsworth, with instruction to report thereon by 
way of bill, or bills. On the 21st, Mr. Boudinot, from this com- H. Journal, 
mittee, reported a bill making an appropriation to defray the ex- p * 
pense of a treaty with the Indians north-west of the river Ohio, 
which was read the first and second time, and committed to a 
committee of the whole. The bill was considered on the 25th, id. p. 717, 
in committee, when an amendment was reported, which was " 
agreed to on the following day, and the bill was ordered to the 

Bill passed third reading. The blanks having been filled on the 27th, the bill id. p. 719. 

by House. was rea( j t ^e third time and passed, and was sent to the Senate; s. Journal, 
Passed by where, on the same day, it was read the first time, and, on the p ' 

Senate. following day, was read the second and third time, and passed. 

Secret pro- The proceedings during this session, in the House of Repre- 

ceedings. sen tatives, regarding the Indians, and which, while depending, 
were ordered to be kept secret, are contained in the following 
summary : 

On the 7th of November, 1792, the following message was 1792. 

transmitted by the President of the United States, to the two 

houses:— 

" United States, November 7th, 1792. 

" Gentlemen of the Senate and of the House of Representatives: — 

Messae-e as " I l av before you copies of certain papers relative to the Spa- h. Journal, 
to Spanish n ish interference in the execution of the treaty entered into in P* 727m 
ence. 6 " * ne y ear one thousand seven hundred and ninety, between the 
United States and the Creek nation of Indians, together with a 
letter from the secretary of state to the President of the United 
States, on the same subject. 

" G. Washington." 

The speaker laid before the House a letter from the secreta- 
ry of war, accompanying the following papers ; to wit : — 
Papers laid " I s *- A statement of the measures taken, and the overtures id. p. 738. 

before the ma de, to procure a peace with the Indians north-west of the 

House re- 

gardingln- UhlO. 

dians. « 2d. Information received relatively to the pacific overtures 

and the disposition of the Indians north-west of the Ohio. 

" 3d. A statement of the measures which have been taken to 

conciliate and quiet the southern Indians. 

" 4th. Information received relatively to the disposition of the 

southern Indians, and the causes of the hostilities of part of the 

Cherokees and Creeks. 



HISTORY OF CONGRESS. 529 



CHAP. V. National Defence-Navy. 1792-93. 



Id Son s " " 5tn> A statement of the troops in the service of the United 
L - J - States." 

The reading of these papers appears to have occupied the 
House on the 8th, 9th, 10th, 12th, 15th, and 16th, but there is 
no further record of the proceedings thereon in secret session. 

On the 25th of February, 1793, in conformity to a notice S. Journal, 
which he had given on the 23d, Mr. Edwards obtained leave to P* 492,494 * 
introduce a bill into the Senate " to authorize the President of 
Posts in the the United States to establish two or more small posts in the 
wilderness, wilderness, on the road leading from Kentucky and the other 
western settlements, to the eastern settlements of the United 
States." On the following day, this bill was read the second Id. p. 495, 
time, and referred to Messrs. Edwards, Strong, and King. Mr. p * ' 
Edwards made a report on the 27th, when the bill was rejected. 



ist congress. A memorial of the officers of the late navy of the United 1790. 
** Session - States was presented to the House of Representatives and the s. Journal, 
The Navy. Senate, on the 20th of March, 1790, praying to be allowed the P-!24. 
Memorial na ^ P av an ^ other emoluments granted to the officers of the H. Journal, 
of officers, army. This memorial was, on the 29th, referred to a commit- p# 182 * 

Commit- tee of the house, consisting of Messrs. Baldwin, Hartley, Law- 
ted, ranee, Trumbull, Stone, Ashe, and Burke, with instruction to ex- 
amine the matter of the memorial, and report their opinion to 
the House. On the 13th of May, Mr. Baldwin, from this com- id. p. 184. 
mittee, made a report, which, on the 24th of June, was taken Id p 2 i& 
up for consideration, and committed to a committee of the whole 25 °- 
Consider- house. The committee immediately deliberated on the subject, 
ed - and, after discussion, reported their opinion that the House 
should disagree to the report of the select committee ; and the 
House then adopted the following resolution : — 

" Resolved — That this House do concur with the committee of 
the whole house in their disagreement to the said report, and 
Rejected, that the said memorial of the officers of the late navy of the 
United States be rejected." 

3d session. ^ n the third session of this Congress, on the 12th of January, 179L 
Memorial 1791, there was presented to the House of Representatives a h. Journal, 
of officers memorial of sundry officers in the late navy of the state of P- 353, 
sylvaniana- Pennsylvania, praying compensation for services rendered during 
^ the late war. And this memorial, and also a petition of Joshua 

Joshua Barney, praying to be allowed certain expenses ; and also the 
Barney. Vol. I.— 67 



530 HISTORY OF CONGRESS. 



Chap. V. National Defence— Navy— Pensions. 1791. 



1st congress, commutation of half pay, for services as captain in the navy of 

3d Se^ion 

- — — the United States, during the late war, were referred to Messrs. 

Fitzsimons, Smith, of Maryland, Trumbull, Goodhue, and Cad- 
walader, for examination and report. Mr. Fitzsimons, on the 
14th, made a report from this committee, which was agreed to 
by the House, in the following terms : — 
Unfavoura- " That it will not be advisable to grant the prayer of the pe- H. Journal, 
ble report fttioners, and, therefore, that they have leave to withdraw their P' 354, 
petition." 

Report on Mr. Fitzsimons, on the 19th of January, made a separate re- id. p. 358.] 
Barney's p 0r f- on the petition of Joshua Barney, which was taken up for 

consideration on the 15th of February, when the House adopted Id. p. 379. 

the following order : — 

Committee " Ordered — That a committee be appointed to prepare and 

to^prepare ^ring j n a D iij ? or d jh Sj to authorize the payment of dollars 

to Captain Barney, for expenses incurred in obtaining his release 
from captivity, and in returning to the United States ; and that 
Mr. Fitzsimons, Mr. Smith, of Maryland, Mr. Trumbull, Mr. 
Goodhue, and Mr. Cadwalader, be of the said committee." 

BUI reject- Mr. Fitzsimons, on the next day, presented a bill to compen- \& p . 330. 

e< ** sate Joshua Barney, which was then read the first and second 

time, and committed to a committee of the whole house. The 
bill was taken up in committee on the 21st, and an amendment id. p. 385. 
was reported. The question being then put, that the amend- 
ment be engrossed, and the bill read the third time, it was de- 
termined in the negative. The bill was therefore rejected. 



istcongress. On the 4th of September, 1789, a petition of certain non- 1789. 
ist session. comm issioned officers and soldiers, invalid pensioners of the H. Journal, 
pMTHiojre. state of Pennsylvania, was presented to the House of Represen- P* 96, 

Act pro- tatives, praying relief, in consideration of the payment of their 
viding- for pensions being stopped by an act of the legislature of that state. 
invalid 1 ' This petition, together with the petitions of sundry other inva- 
pensioners. lid pensioners, presented during the present session, were re- 
ferred to Messrs. Heister, Wadsworth, and Gilman, with in- 
struction to examine and report. Mr. Heister presented, on the 
18th, from this committee, a bill making provision for the invalid Id. p. 113. 
pensioners of the United States, which was then read the first 
time; and on the following day, it received the second reading, Id. p. 114. 
and was committed to a committee of the whole house. The id. p. 122, 
bill was considered in committee on the 24th, when no amend- 123, 



HISTORY OF CONGRESS. 531 



CHAP. V. National Defence— Pensions. 1789. 



1st congress, ment was reported, and the bill was recommitted to Messrs. h. Journal, 
— — — — Wadsworth, Heister, and Gilman; and, on the following day, P- 124. 
it was reported by Mr. Heister, with an amendment, and the 
Passed, bill was read the third time, and passed. On the 26th, the s. Journal, 
bill was read the first time in the Senate, and was committed P* 90, 
to Messrs. Read, Butler, King, Ellsworth, and Morris. Mr. id. p. 91. 
Read, on the 2Sth, reported the bill with a recommendation to 
concur in its provisions, when the bill was read the second and 
third time, and passed. 

2d session. At the second session, on the 1st of February, 1790, it was or- 1790. 

Act further dered by the House of Representatives that Messrs. Heister, Par- h. Journal, 

to provide ^dge, and Hathorn, be a committee to prepare and bring in a P- 150# 

ment of in- bill, or bills, to provide for the invalid pensioners of the United 

valid pen- States. And, on the 29th of June, Mr. Heister presented, pur- Id. p. 253, 
sioners. 7 ' r J r 254 

suant to the order of the House, a bill which was then read the 

first time, and received the second and third readings, and was 
passed, on the two next succeeding days. The bill was read the 
first time in the Senate on the 2d of July, received the second s. Journal, 
reading on the 6th, and was read the third time on the 7th, and P- 174/ ,175. 
Passed, passed with an amendment, which was sent to the House, where p.^a* 
the amendment was concurred in. 

On the 29th of April, the House of Representatives appointed Id. p. 205. 
Messrs. Burke, Contee, and Coles, to prepare and bring in a bill, 
or bills, to authorize the issuing certificates to certain description id.p.206— 
of invalid officers. Mr. Burke reported a bill on the following 208 « 
day, which was then read the first time; and, on the 3d and 4th 
of May, was read the second and third time, and passed. In 
the Senate, the bill was read the first time on the 4th of May; 
and, on the next day, received the second reading, and was com- 
mitted to Messrs. Schuyler, Hawkins, and Ellsworth. A re- 
port was made by Mr. Schuyler, from this committee, on the s. Journal, 
7th of July, when, after the third reading of the bill, the Senate P-13/M38. 
refused to concur therein, so that the bill was rejected. Id< P* *^ 5 * 

3d session. On the 10th of January, 1791, soon after the commencement 1791. 



Bill to pre- of the third session of this Congress, the House of Representa- h. Journal, 
vent tons- t j ves appointed a committee, consisting of Messrs. Williamson, P- 351 « 
valid pen- Bourne, and Griffin, to prepare and bring in a bill, or bills, to 
prevent invalids, who are pensioners of the United States, from 
selling or transferring their respective pensions before the same 
shall become due; and, on the 21st, Mr. Williamson presented, id. p.359. 
from this committee, a bill conforming to this order, which then 
received the first and second reading, and was committed to a 



532 HISTORY OF CONGRESS. 



Chap. V. National Defence— Pensions. 1791. 



1st congress, committee of the whole house. This bill was not further act- 

3d Session. 
Not acted ed on - 

on. It was ordered by the House of Representatives, on the 26th H. Journal, 

Bill for f January, that a committee be appointed, consisting of Messrs. p * ' 

compensa- Smith, of South Carolina, Stone, and Trumbull, to prepare and 

tion to bring in a bill for making compensation to widows, orphans, 

orphans, and invalids, in certain cases. And, on the 28th of February, Id. p, 396. 

™ m " Mr. Smith, from this committee, reported a bill for making com- 
pensation to the widows and orphan children of certain officers 
who were killed, or who died while in the service of the United 
States, during the late war, and for the relief of certain invalids, 
and other persons therein mentioned, which was then read the 
first time; and, on the next day, received the second reading, 
and was committed to a committee of the whole house. The 
House immediately went into committee on the bill, and no 
amendments being reported, the bill was then ordered to the 
Passed by third reading. And, on the 2d of March, the bill was read the id. p. 399. 

House. third time, and passed. In the Senate, the bill was immediately s. Journal, 
read the first and second time, and was then committed to P- 296 * 297 * 
Messrs. Wingate, Strong, and Carroll. On the 3d, Mr. Win- id. p. 309. 
gate made a report from this committee, and it was then resolved 

Postponed that the further consideration of this bill be postponed until the 

by Senate. nex |. seS sion of Congress, 



2d congress. At the commencement of the first session of the second Con- H. Journal, 
ist session. g rcsg ^ on ^g 31st f October, 1791, a committee was again ap- P- 444 - 

Bill for pointed by the House of Representatives, consisting of Messrs. id. p. 446. 
compensa- Wadsworth, Smith, of South Carolina, and Silvester, to prepare 
tion to and bring in a bill, or bills, for making compensation to widows, 
orohans^ orphans, and invalids, in certain cases. The petition of Nicho- 
and inva- l a s Ferdinand Westfall was referred to this committee. Mr. 
Wadsworth, on the 25th, presented a bill for making compensa- 
tion to widows, orphans, and invalids, in certain cases, which was 
then read the first and second time, and was committed to a com- 
mittee of the whole house. The bill was considered in commit- 
tee on the 28th and 29th, when several amendments were report- Id. p. 463. 
ed, which were taken up for consideration by the House on id. p. 464, 
the 30th, when some of the amendments were adopted, and 46 °* 
others were disagreed to. The bill was then further amended, 
and was ordered to the third reading. On the 1st of December, u. p . 456, 
the bill was read the third time, passed, and sent to the Senate; 467 ; 
where it was, on the same day f read the first time, and received p . 347, 



HISTORY OF CONGRESS. 533 



Chap. V. National Defence-Pensions. 1791-92. 



2d congress, the second reading; on the 5th, when the bill was committed to s. Journal, 

1st Session. ° _ ._ „ » 

m Messrs. Wingate, Morris, and Gunn. Mr. Win gate, on the P-^ 4 ^ 50 - 

Proceed- 14th, from this committee, reported amendments to the bill. 

bfflTn the 0n the same da 3 r ' ifc was ordered b y the Senate, that Messrs. 
Senate. Burr, Butler, and Strong, be a committee to revise the acts and 
resolves relative to the compensations to disabled officers and 
soldiers, and to the widows and orphans of deceased officers, 
and to report what alterations and further general regulations it 
will be proper to make therein. The petition of Elijah Jones, 
of New York, late a lieutenant colonel in Colonel Sheldon's re- 
giment of cavalry, was referred to this committee, as was that of 
Jonathan Woolley, late of Colonel ScammePs regiment. Mr. 
Burr made a report from this committee on the 10th of Janu- id. p. 358. 
ary, 1792, which was ordered to lie for consideration; and the 
report of the other committee, to whom had been referred the 
bill for the relief of certain widows, orphans, invalids, and other id. p. 364. 
persons, being then taken up, that bill was committed to Messrs. 
Burr, Strong, and Butler, who were directed to consider and re- 
port such further general provisions as they shall conceive ne- 
cessary for the relief of the widows and orphans of officers who 
were killed, or who died, and officers and soldiers who were dis- 
abled in service during the late war. 

Mr. Burr made a report from this committee on the 17th of id. p. 377. 
January, and the bill was amended according to the report. An 
unsuccessful motion was then made to postpone the bill, and the 
Senate proceeded in the second reading, when it was agreed to 
postpone its further consideration. On the 26th, the bill was id, p. 379. 
again taken up, and the report of the committee on the petition 
of Isaac Ledyard having been read, it was moved to amend the 
report, but the motion was determined in the negative. The 
consideration of the bill was resumed on the 30th of January, i<j. p , 384. 
and on the 10th, 14th, 15th, and 29th of February, when a mo- 389, 
tion was made to strike out the first section of the bill, which ££, * 
was decided as follows: — 

Yeas — Messrs. Bradley, Burr, Cabot, Carroll, Ellsworth, Foster, id. p. 401. 
Hawkins, Johnston, King, Langdon, Lee, Monroe, Rutherford, 
Sherman, Strong, Wingate. — 16. 

Nays — Messrs. Bassett, Butler, Dickinson, Few, Gunn, Izard, 
Morris, Read, Stanton. — 9. 

On the 1st of March, the consideration of the bill was resumed, 
Amended, when it was agreed so far to reconsider the resolution of yester- 
day, as to restore the first section of the bill as amended by the 
committee, as follows : — 



534 HISTORY OF CONGRESS. 



Chap. V. National Defence— Pensions. 1792. 



2d congress. " Sectio?i 1. Be it enacted, by the Senate and House of Represent- S. Journal, 



1st Session. 



atives of the United States of America, in Congress assembled — That P" 
b^Tate ^ ie com P tro ^ er °f the treasury adjust the claims of the widows 
and orphans respectively, as the case may be, of Colonel Owen 
Roberts, Captain William White, Lieutenant Colonel Bernard 
Eliot, Major Samuel Wise, Major Benjamin Huger, Lieutenant 
John Birch, and Major Charles Motte, deceased ; all of whom 
were killed or died in the service of the United States, for the 
seven years' half pay stipulated by the resolve of Congress, of the 
twenty-fourth day of August, one thousand seven hundred and 
eighty; and that the register of the treasury do issue his certifi- 
cates accordingly." 

It was then agreed to insert the following as the second sec- 
tion : — 

" Section 2. And be it further enacted — That the officers of the Id. p. 403. 
treasury be, and they are hereby, authorized to re-examine the 
accounts of Isaac Ledyard, late assistant deputy director, and 
John Berrien, late commissary of the hospital department, and 
if any error has taken place in the settlement of the said accounts, 
to correct the same." 

Some further amendments having been made, the bill was then 
ordered to the third reading ; and on the following day, the Se- 
nate proceeded to the third reading of the bill. A motion was 
then made to restore the words " Richard Shubrick " to the bill, 
as it came from the House of Representatives, but the motion 
was decided in the negative. An unsuccessful motion was then 
made to strike out the first section of the bill, as amended by the 
committee, and which was restored to the bill by the vote of yes- 
terday. After which the bill, as amended, was passed. 

The amendments made by the Senate are as follow: — 
Amend- "Section 1, line 4. Strike out these words, * Captain Robert 

menta of L ew i s; ' \{ nes 4 an d 5, strike out these words, 'Colonel William 
Senate. 

Douglass,' and ( Major Andrew Leitch ;' lines 5 and 6, strike out 

these words, ' Lieutenant John Harris, Colonel William Bond, 

Lieutenant Wadleigh Noyes;' line 7, after ' Birch,' insert ' and;' 

line 8, strike out these words, ' Captain Richard Shubrick.' 

" Between sections 1 and 2, insert 

" Section 2. And be it further enacted — That the officers of the ibid. 
treasury department be, and they are hereby, authorized to re- 
examine the accounts of Isaac Ledyard, late assistant deputy di- 
rector, and John Berrien, late quarter-master of the hospital de- 



HISTORY OF CONGRESS. 535 



Chap. V. National Defence— Pensions. 1792. 



2d congress, partment, and if any error hath taken place in the settlement of 

1st Session. * J r 

the said accounts, to correct the same. 
mentT^of " Section 4, line 3. Strike out these words, * during the late 
Senate. war,' and insert * as a deranged officer, upon the principles of the 
act of the late Congress of the third of October, one thousand 
seven hundred and eighty.' Line 6, strike out these words, 
i thereof accordingly,' and insert * of the balance due to him.' 
Line 9, after the word * service,' insert ' and which have been 
charged by the United States to the officers who have received 
the same for the public service.' 

" Conform the sections to the amendments." 

Disagree- The amendments being sent to the House, were there consi- H. Journal, 
ment of dered on the 7th, when some of them were adopted, and others p# 

disagreed to. And in the Senate, on the 9th, it was ordered that s. Journal, 
the consideration of the resolution of the House of Representa- P # 40 ^* 
tives, on the amendments to this bill, be postponed until the ma- 
nagers of the conference on the bill entitled " An act to ascer- 
tain and regulate the claims to half pay and to invalid pensions," 
shall report. On the 19th of March, the Senate proceeded to id. p. 411. 
the consideration of the subject, and determined to insist on all 
their amendments to the first section, except the last, from which 
they recede, and also to insist on their last amendment to the 
House re- fourth section. And on the following day, the House receded h. Journal, 
cede. f rom their disagreement to the amendments, and agreed to them P- 541 - 

all. 

In the same session, on the 6th of January, Mr. Lawrance re- id. p. 489. 
ported from the committee appointed on that subject, on the 1st Id p 46 g 
Bill to of December, a bill to ascertain and regulate the claims to half 
clamls^t P a y» an( ^ *° mvan d pensions, which was then read the first and 
half pay second time, and committed to a committee of the whole house. 

The bill was considered in committee on the 13th, and several id. p. 492. 
amendments were reported, which were considered in part on 497 ' 
the 24th, and again on the following day, when they were agreed id. p. 498. 
to, and the bill was ordered to the third reading. And on the 
26th, the blanks having been filled up, the bill was read the third s . journal 
time and passed. This bill, in the form in which it was sent to P- 379 - 
the Senate, is as follows : — 

Bill as sent " Sect, 1. Be it enacted, by the Senate and House of Representatives 
to Senate. j ^ g United States of America, in Congress assembled — That so 
much of the resolution of Congress of the 24th of August, one 
thousand seven hundred and eighty, as declares * that the reso- 
lution of the fifteenth of May, one thousand seven hundred and 



and invalid 
pensions 



HISTORY OF CONGRESS. 



CHAP. V. National Defence— Pensions. 1792. 



2d congress, seventy-eight, granting half pay for seven years to the officers 

1st Session. ill! • • • t i^»i 

of the army who should continue in service to the end of the 

to Senate 1 war > ^ e ex ^ en ^ e< ^ *° * ne widows of those officers who have died, 
or shall hereafter die, in the service,' shall be deemed and consi- 
dered to extend to the cases of the widows and orphans of all 
officers who died or were slain in the said service, at any time be- 
tween the commencement of hostilities in the late war with Great 
Britain, and the aforesaid fifteenth day of May, one thousand se- 
ven hundred and seventy-eight And the officers of the treasury 
are hereby authorized to settle the claims of the widows or or- 
phans of such officers, as the case may be, and to issue certifi- 
cates for the same in the usual manner. 

" Sect. 2. And be it further enacted — That such officers as have 
been disabled in the service of the United States during the late 
war, whose disability and rate of allowance have been ascertained, 
pursuant to the acts or regulations of Congress, and who, from an 
inability to return their whole commutation, as required by the 
act of the twenty-second day of March, one thousand seven hun- 
dred and eighty-three, have not received the said allowance, 
shall now be entitled to demand and receive the same, returning 
only such part of the said commutation as will be in due propor- 
tion to the said rate of allowance, calculating interest at six per 
cent, on the allowance and proportion of the commutation afore- 
said, from the times they respectively became due, or were paid: 
and that their respective accounts be settled and adjusted ac- 
cordingly. 

"Sect. 3. Jlnd be it further enacted — That all officers who s. Journal, 
have been disabled in the actual service of the United States, P-380. 
and whose degree of disability, to be ascertained in the manner 
hereafter prescribed, may entitle them to be placed on the pen- 
sion list, at the rate of allowance equal to one-third, or more, of 
their monthly pay, shall be entitled to demand and receive such 
allowance during life: Provided — That the commutation received 
by any such officer, shall be settled in the manner, and on the 
principles, prescribed in the last preceding section. 

" Sect. 4. And be it further enacted — That any non-com- 
missioned officer, soldier, or seaman, disabled in the actual ser- 
vice of the United States, during the late war, by wounds, or 
other known cause, who did not desert from the said service, 
and whose name is not already on the pension list, shall be enti- 
tled to be placed on the pension list of the United States, during 
life, or the continuance of such disability; and shall also be al- 
lowed such further sum for the arrears of pension, from the time 



HISTORY OF CONGRESS. 537 



CHAP. V. National Defence— Pensions.. 1792. 



2d congress, of such disability, not exceeding the rate of the annual allow- 

lst Session. . J ° 

— ance, in consequence of his disability, as the judge of the district, 

to Senate 1 * * n wmcn tnev respectively reside, may think just: Provided — 
That in every such ease, the rules and regulations following shall 
be complied with; that is to say: — 

" First. That the judge of the District Court of the United 
States, in each district, shall allot the same into convenient divi- 
sions, and appoint, in each division, a reputable physician, re- 
siding therein, for the examination of invalids, causing due pub- 
lication thereof to be made in one or more of the gazettes of the 
district; which physician shall act on oath, and receive the sum 
of one dollar for each examination. 

" Secondly. Every applicant shall produce to the physician of 
the division, the following proofs; namely: — 

" A certificate from the commanding officer of the ship, regi- 
ment, corps, or company, in which he served, setting forth his 
disability, and that he was thus disabled while in the service of 
the United States, on the affidavits of two credible witnesses, to 
the same effect. 

" The affidavits of three reputable freeholders of the city, town, 
or county, in which he resides, ascertaining, of their own know- 
ledge, the mode of life, employment, labour, or means of sup- 
port, of such applicant, for the last twelve months. 

" Thirdly. The physician of the division, upon receipt of the 
proofs aforesaid, shall forthwith proceed to examine into the na- 
ture of the wound, or other cause of disability of such applicant; 
and having ascertained the degree thereof, shall certify the same, 
under hand and seal, together with his opinion, whether or not 
the said disability be the effect of the wound, or injury, sustained 
while in the service of the United States; which proofs and cer- 
tificate the said physician shall transmit to the district judge of 
the United States, within the said district, who shall retain a du- 
plicate thereof, and transmit the originals to the secretary of war, 
together with his opinion, in writing, what proportion of the 
monthly pay of such applicant will be equivalent to the degree 
of disability, ascertained in manner aforesaid. 

" Sect. 5. Snd be it further enacted — That the secretary of 
war, upon the receipt of the proofs, certificate, and opinion, afore- 
said, shall cause the same to be duly filed in his office, and place 
the name of such applicant on the pension list of the United 
States, in conformity thereto: Provided, always — That in any 
case where the said secretary shall have cause to suspect imposi- 
tion, he shall have power to withhold the name of such applicant 
Vol. I.— 68 



538 HISTORY OF CONGRESS. 



CHAP. V. National Defence— Pensions. 1?9"2. 



•m congress, from the pension list, and make report of the same to Congress, 
- — - at their next session. 

toSe^ate^ " Sect ' 6 ' And be if f lirther enacted— -That all non-commis- 
sioned officers, soldiers, and seamen, disabled in the actual ser- 
vice of the United States, during the late war, whose disability 
and rate of allowance have been ascertained pursuant to the re- 
gulations prescribed by the late Congress, and have not applied 
to be placed on the pension list, until after the time limited by 
the act of Congress for that purpose was expired, shall now be 
placed on the pension list, and be entitled to demand and receive 
their respective pensions, according to the allowances ascertained 
as aforesaid, any thing in this act, or any act of the late Con- 
gress, to the contrary notwithstanding. 

" Sect. 7. And be it further enacted — That from and after S. Journal, 
the first day of February next, no sale, transfer, nor mortgage, of p * ° ' 
the whole, or any part of the pension, or arrearages of pension, 
payable to any non-commissioned officer, soldier, or seaman, be- 
fore the same shall become due, shall be valid; and every person 
claiming such pension, or arrears of pension, or any part thereof, 
under power of attorney or substitution, shall, before the same is 
paid, make oath or affirmation, before some justice of the peace, 
of the place where the same is payable, that such power of sub- 
stitution is not given by reason of any transfer of such pension, 
or arrears of pension; and any person, who shall swear or affirm 
falsely in the premises, and be thereof convicted, shall suffer as 
for wilful and corrupt perjury. w 

Bill in Sc- This oill received the first reading in the Senate, on the 26th, id. p. 579. 
rate. and, on the 30th, was referred to Messrs. Hawkins, Strong, Ells- oS4 ' 

worth, Lee, and Izard. Mr. Hawkins, from this committee, on 
the 21st of February, reported various amendments, and, on the id. p. 393. 
27th, it was agreed to amend the bill accordingly, and the bill ^ 98, 
was then ordered to the third reading. The bill being taken up 

Motions in on the 28th for the third reading, it was then moved to restore 

Senate to ^ e g rs t 5e ction, from the word " that," line 2. which was yester- 
amend. . 

day rejected, to be read as follows: — 

u So much of the resolution of Congress, of the 24th of Au- 
gust, one thousand seven hundred and eighty, as declares, ' That 
the resolution of the 15th of May, one thousand seven hundred 
and seventy-eight, granting half pay for seven years to the offi- 
cers of the army, who should continue in service to the end of 
the war, be extended to the widows of those officers who have 
died, or shall hereafter die in the service, shall be deemed and 



HISTORY OF CONGRESS. 539 



Chap. V. National Defence— Pensions. 1792. 



2d congress, considered to extend to the cases of the widows and orphans of 

1st Session. «••*.»« 1 

; all officers who died or were slain in the said service, at any time 

amend S t0 Detween tne commencement of hostilities in the late war with 

Great Britain, and the aforesaid fifteenth day of May, one thou- S. Journal, 
sand seven hundred and seventy-eight. And the officers of the p ' 
treasury are hereby authorized to settle the claims of the wi- 
dows or orphans of such officers, as the case may be, and to is- 
sue certificates for the same in the usual manner." 

This motion was determined in the negative. It was tnen 
moved to restore the second section of the bill, which was yes- 
terday rejected ; and this motion was also decided in the nega- 
tive. It was then moved to expunge these words, section 4, line 
4, which it was yesterday agreed to insert, after the word " list," 
to wit : " whose case has not already been determined on." But 
no question was taken on this motion before the house adjourned. 

On the following day, the bill being again before the House id. p. 400. 
for consideration, it was agreed to amend the fourth section, to 
read as follows : — 

" Sect. 4. And be it further enacted — That any non-commis- 
sioned officer, soldier, or seaman, disabled in the actual service 
of the United States, during the late war, by wounds, or other 
known cause, who did not desert from the said service, shall be 
entitled to be placed on the pension list of the United States, 
during life, or the continuance of such disability, and shall also 
be allowed such further sum for the arrears of pension, from the 
time of such disability, not exceeding the rate of the annual al- 
lowance, in consequence of his disability, as the Circuit Court of 
the district in which they respectively reside, may think just." 

A motion was then made to subjoin the following proviso to 
the end of the fourth section : — 

" And provided, also — That the benefit of this act shall extend 
to the cases of those invalids referred to the secretary of war ; 
and respecting whom he has reported, they would be entitled to 
pensions as invalids, had they applied in time, and that they 
should be put on the pension list, according to the allowances in 
the said report, without taking the measures prescribed by this 
act to obtain the said pension." 

And this motion was also determined in the negative. An un- 
successful motion was then made to subjoin the following clause 
to the end of the last section of the bill. 

" And be it further enacted — That from and after the expira- 
tion of two years from the passing of this act, no officer, soldier, 



540 HISTORY OF CONGRESS. 



CHAP. V. National Defence— Pensions. 1792. 



2d congress, or seaman, shall receive any pension, unless such person shall be 

~~ entitled thereto, in pursuance of an adjudication of the Circuit 

Motions to Qj Ur ^ m the manner prescribed in the second section of this 
"^ ' act." 

A motion to restore the third section of the bill was decided 
in the negative, as also was a motion to restore these words to 
the fourth section, lines 3 and 4, " and whose name is not al- 
ready on the pension list." 

It was then determined that the bill pass with the following 
amendments: — 

Amend- "Sect. 1, line 2. After the word 'that,' strike out to the end s. Journal, 

ments of f the section, and insert ' the operation of the resolutions of the P- 400, 
the Senate. 

' late Congress of the United States, passed on the second day of 

November, one thousand seven hundred and eighty-five, and the 

twenty-third day of July, one thousand seven hundred and 

eighty-seven, so far as they have barred, or may be construed to 

bar, the claims of the widow or orphans of any officer of the 

late army, to the seven years' half pay of such officer, shall, from 

and after the passing of this act, be suspended for and during the 

term of two years. 

" Sects. 2 and 3. Strike out the two sections. 

" Sect. 4, line 1. After ' that,' insert ' any commissioned officer 
not having received the commutation of half pay, and.' Lines 
3 and 4. Strike out these words, ■ and whose name is not already 
on the pension list.' Line 8. Strike out the word ' judge,' and 
insert < Circuit Court.' Lines 10 to 16. After the word * first,' 
strike out to the word ' examination,' inclusive. Line 17. Strike 
out the word ' secondly.' Same line, after the word ' shall,' in- 
sert ' attend the court in person, except where it shall be certi- 
fied by two magistrates, that he is unable to do so, and shall.' 
Line 17. Strike out these words, ' the physician of the division,' 
and insert, ' the Circuit Court.' Line 26. Strike out these words, 
1 3dly, the physician of the division,' and insert, ' 2dly, the Cir- 
cuit Court.' Lines 29 to 33. After the word ■ same,' strike out 
to the word ' and.' Line 33. Strike out these words, ' the origi- 
nals,' and insert ' the result of their inquiry, in case, in their opi- 
nion, the applicant should be put on the pension list.' Line 34. 
Strike out the word * his,' and insert ' their.' 

" Sect. 5, line 5. After the word ' imposition,' insert, ' or mis- 
take.' 

" Sect. 7, lines 1 and 2. Strike out these words, ■ first day of 
February next,' and insert ' passing of this act.' 



HISTORY OF CONGRESS. 541 



Ch&f. V. National Defence— Pensions. 1792. 



2d congress. " Number the sections conformably to the amendments. 

: — - " Amend the title of the bill to read as follows : ' An act to 

^ts 6n of P rov ^ e f° r the settlement of the claims of widows and orphans 
Senate. barred by the limitations heretofore established, and to regulate 
the claims to invalid pensions.' " 

These amendments were taken up for consideration by the 
House dls- House of Representatives on the 3d, when some of them were H. Journal, 
agree. adopted, and others were disagreed to. The amendments disa- p * 
greed to were the third, fourth, fifth, sixth, seventh, eighth, ninth, 
and tenth amendments. All the others were agreed to. On the 
5th, the Senate proceeded to consider the resolution of the s. Journal, 
Senate in- House of Representatives, and determined to insist on the p ' 403, 
s,st# amendments to which the Senate had disagreed, and desired a 

Confer- conference with the House, appointing Messrs. Ellsworth, Strong, 
and Rutherford, to be the managers on their part The House 
agreed, on the same day, to the conference, and appointed Messrs. h. Journal, 
Livermore, Murray, and Kitchell, to be their managers. Mr. P* 528, 
Ellsworth, from this committee, made a report to the Senate on s. Journal, 
Senate in- the 12th, which, on the 14th, was taken up and agreed to; and P- 407> 
rrfnd™ 1 a " * ne Senate tnen adopted the following resolution : — 

" Resolved — That the Senate insist on their amendments to id. p. 410. 
the said bill, to which the House of Representatives have disa- 
greed, and agree further to amend the bill, by inserting, between 
the fourth and fifth sections, a section as follows ; to wit : — 

",/lnd be it further enacted — That the clerk of the District 
Court, in each district, shall publish this act in such manner as 
the judge of the District Court shall think effectual, to give ge- 
neral information thereof to the people of the district, and shall 
give like information of the times and places of holding the Cir- 
cuit Courts in such district. And, in districts wherein a Circuit 
Court is not directed by law to be holden, the judge ot the Dis- 
trict Court shall be, and he is hereby, authorized to exercise all 
the powers given by this act to the respective Circuit Courts. 
And it shall be the duty of the judges of the Circuit Courts re- 
spectively, during the term of two years from the passing of this 
act, to remain at the place where the said courts shall be holden, 
five days, at the least, from the time of opening the sessions there- 
of, that persons disabled, as aforesaid, may have full opportunity 
to make their application for the relief proposed by this act." 

And, on the 16th, the House of Representatives proceeded to H. Journal, 
House re- consider the amendments of the Senate, to which the House had p * 
cede. before disagreed, and determined to recede from their disagree- 



542 HISTORY OF CONGRESS. 



Chap.V. National Defence-Pensions. * 1792-93. 



2d congress, ment to the amendments, and to agree to all the amendments of 

1st Ses sion. , ° 

the Senate to the said bill. 

2d session. A number of petitions praying for pensions on account of in- H. Journal, 
Petitions juries received during the late war, were presented early in the p " 635, 



for 
sions. 



P en " second session of the second Congress, and were referred to 



Messrs. Wm. Smith, B. Bourne, and Lee. And, on the 14th of id. p. 614. 
December, 1792, Mr. Smith made a report from this committee, 
which was referred to a committee of the whole. A letter from 
the judges of the Circuit Court of North Carolina, containing 
observations on the act of the last session, entitled " An act to 
provide for the settlement of the claims of widows and orphans 
barred by the limitations heretofore established, and to regulate 
the claims to invalid pensions," had been communicated to Con- 
gress by the President of the United States, on the 7th of No- id. p. 649. 
vember, and was referred to the same special committee. The 
report of this committee was taken up for consideration in com- 
mittee of the whole on the 31st of December, and, on the 1st of 
January, 1793, when several amendments were reported; and 
the report was adopted in the following form: — 

Report of " Resolved — That in order to prevent the admission of im- id. p. 658, 
committee proper claims, and to facilitate the allowance of such as are well 659, 
by House, founded, it is expedient to repeal the second, third, and fourth 
sections of the act, entitled e An act to provide for the settle- 
ment of the claims of widows and orphans, barred by the limit- 
ations heretofore established, and to regulate the claims to in- 
valid pensions;' and to provide that, in future, the claims for 
invalid pensions shall be regulated in the manner following; to 
wit: — 

" 1st That all evidence, relative to invalids, shall be taken 
upon oath, before the judge of the district in which such inva- 
lids reside, or before any three persons, specially authorized by 
commission from the said judge. 

u 2dly. That the evidence, relative to any claimant, must 
prove decisive disability to have been the direct effect of known 
wounds, received while in the actual line of his duty, in the ser- 
vice of the United States, during the late war. That this evidence 
must be the affidavits of the commanding officer or surgeon of 
the ship, regiment, corps, or company, in which such claimant 
served, or two other credible witnesses, to the same effect, set- 
ting forth the time and place of such known wound. 

" 3dly. That every claimant shall be examined by two phy- 
sicians, upon oath, to be authorized by commission from the said 



HISTORY OF CONGRESS. 543 



CaAr. V. National Defence— Pensions. 1793. 



2d confess, judge, who shall report in writing their opinion of the nature 

: of the said disability, and in what degree it prevents the claim- 

committee. ant ^ rom o Dtam hig his livelihood by labour. 

"Athly. That every claimant shall produce evidence of the 
time of his leaving the service of the United States, and of his 
being honourably discharged therefrom. He must also produce 
evidence of three reputable freeholders of the city, town, or 
county, in which he resided for the two years immediately af- 
ter he left the service, as aforesaid, of the existence of his dis- 
ability during that period, and ascertaining, of their own know- 
ledge, the mode of life, employment, labour, or means of sup- 
port, of the claimant. 

" 5thly. That the said claimant must produce the evidence of 
two credible witnesses, of the continuance of his disability, from 
the expiration of the said two years to the time of his appli- 
cation. 

" Qthly. That each claimant shall show a good and sufficient 
cause why he did not apply to the state in which he resided, on 
or before the eleventh of December, one thousand seven hun- 
dred and eighty-eight, the time limited for applications of this 
nature. 

" Ithly. That the evidence of no claimant shall be admit- 
ted, whose case had been rejected by any state, prior to the afore- 
said eleventh of December, one thousand seven hundred and 
eighty-eight. 

" Qthly. That the reasonable allowance to such commission- 
ers and physicians aforesaid, for examining the claims of inva- 
lids shall be made by the , and paid out of such contingent 

funds as the President of the United States may direct. 

"Resolved — That the said judge of the district shall transmit 
a list of such claims, accompanied by the evidence herein di- 
rected, to the secretary for the department of war, who shall ex- 
amine the muster rolls, and other evidences of the late war, in 
order to prove the services of the said claimants} and the said 
secretary shall make a statement of the cases of the said claim- 
ants to Congress, with such circumstances and remarks as may 
be necessary, in order to enable them to take such order thereon, 
as they may judge proper." 

Committee It was then ordered that a bill, or bills, be brought in, pur- 
to prepare suan t to the above resolutions, and that Messrs. Wm. Smith, 
Benj. Bourne, and Lee, do prepare and bring in the same. 
On the 3d of January, Mr. Smith, from this committee, pre- 



544 HISTORY OF CONGRESS. 



CHA* V. National Defence— Pensions. 1793. 



2dCbn ? ress. sented a bill to regulate the claims to invalid pensions, which H. Journal, 



Session 



was then read the first and second time, and committed to a com- p# 661 * 



gulate the mittee of the whole house; and on the following day the house in id, p. 662, 
claims to committee proceeded to consider the said bill, and resumed its 663 - 

nv£ili(l 
pensions, consideration on the 7th and 8th, when several amendments were 

reported. On the 9th, the bill being still under discussion, a id. p. 665. 
motion was made to amend the same, by adding to the end 
thereof the following section; to wit: — 

u And be it further enacted — That no person, not on the 
pension list before the twenty-third day of March, one thousand 
seven hundred and ninety-two, shall be entitled to a pension, 
who shall not have complied with the rules and regulations 
herein prescribed; saving, however, to all persons, all and sin- 
gular their rights, founded upon legal adjudications, under the 
act, entitled ' An act to provide for the settlement of the claims 
of widows and orphans, barred by the limitations heretofore es- 
tablished, and to regulate the claims to invalid pensions.' But 
it shall be the duty of the secretary of war, in conjunction with 
the attorney general, to take such measures as may be necessary to 
obtain an adjudication of the Supreme Court of the United States, 
on the validity of any such rights claimed under the act afore- 
said, by the determination of certain persons styling themselves 
commissioners." 

The question being put on this motion to amend, it was de- 
cided in the affirmative by the following vote: — 

Ayes — Messrs. Ashe, Baldwin, Boudinot, Clarke, Dayton,, id. p , 667V 
Findley, Fitzsimons, Giles, Gordon, Greenup, Gregg, Griffin, 
Grove, Hartley, Heister, Huger, Jacobs, Kitchell, Kittera, Lee, 
Macon, Madison, Mercer, Milledge, Moore, Muhlenberg, Mur- 
ray, Orr, Parker, Schoonmaker, Silvester, William Smith, Steele, 
Sterrett, Sumpter, Tredwell, Venable, White, Williamson, Wil- 
lis.— 40. 

Noes — Messrs. Ames, Barnwell, Benson, S. Bourne, B. 
Bourne, Gerry, Gilman, Hillhouse, Lawrance, Learned, Leo- 
nard, Livermore, Niles, Sedgwick, Jere. Smith, I. Smith, Sturges, 
Thatcher, Tucker, Ward.— 20. 

The bill, having been then further amended, was, with the 

amendments, ordered to be engrossed and read the third time 

to-morrow. And, on the 10th, the bill was read the third time 

Passed by and the blanks therein were filled up. The question was then 

House. taken on its passage, and decided in the affirmative, as follows: — - 

Ayes — Messrs. Ashe, Baldwin, Barnwell, Boudinot, Clarke,. 



HISTORY OF CONGRESS. 545 



Chap. V. National Defence— Pensions. 1793. 



2d congress. Findley, Fitzsimons, Gales, Gilman, Gordon, Greenup, Hartley, 

st "°"' Heister, Huger, Jacobs, Key, Kitchell, Madison, Mercer, Moore, 

Muhlenberg, Murray, Orr, Parker, Schoonmaker, Silvester, 
William Smith, Sterrett, Sumpter, Tredwell, Tucker, Venable> 
Wadsworth, White, Williamson, Willis.— 36. 

Noes — Messrs. S. Bourne, Goodhue, Hillhouse, Lawrance r 
Learned, Leonard, Livermore, Niles, Sedgwick, I. Smith, 
Sturges, Thatcher, Ward.— L3. 

The bill having been sent to the Senate for their concurrence, s. Journal;, 
was there read the first time on the 10th, and, on the follow- p ' 4 ' 
ing day, received the second reading and was committed to 
Messrs. Ellsworth, Strong, Sherman, Hawkins, and King. Mr; 
Ellsworth, from this committee, reported the bill on. the 18th, id. p. 472: 
with amendments, which were taken up for discussion on the 24th, 474, 
Amended when they were postponed. On the 28th, the subject was resumed, id. p. 476* 

by Senate. an( j the bill, after being amended, in conformity to the report of 
the committee, was ordered to the third reading; and on the 29th 
the bill, in its amended form, was read the third time and passed, h. Journal* 
In the House of Representatives, these amendments were, on P* 686 - 
the 30th, committed to a committee of the whole house; and on 
the 1st of February the House went into committee on the sub- i& p< ggSi. 
ject, when a report was made to the House of agreement to some 
Bisagree- of the amendments, and disagreement to others. The House 

tween the ^en determined to agree to the amendments of the Senate to. 

houses. the first and second sections, and to disagree to the amendments 

to the fourth and fifth sections of the bill. The Senate, on the g. journal,, 

5th, resolved to insist on their amendments to the bill, desired P- 4 ? 9 - 

a conference with the House on the subject of disagreement, and 

appointed, as managers at the conference on their part, Messrs. 

King, Ellsworth, and Strong. On the same day, the House of h. Journal; 

Representatives agreed to the conference, and appointed Messrs. P* 691, 

Sedgwick, Giles, and Bbudfnot, to be managers on their part. 

Mr. King made a report to the Senate, from the managers, on g. journal; 

the 18th, as follows: — p.48&. 

"Thai, cm conferring with the managers on the part of the 
House of Representatives, the managers on the part of the House 
agreed to recommend to the House, to recede from their disa- 
greement to the last amendment proposed by the Senate; but, 
that the managers from the two houses did not agree to any re- 
port respecting the amendment proposed by the Senate to the 
4th section of the bill. 

" Whereupon, the managers on the part of this, house reconv 
Vol.. I.— 69 



546 HISTORY OF CONGRESS. 



Chap. V. National Defence—Pensions. 1793. 



sw congress, mended, that the Senate do recede from their amendment to the 

2d Sess ion. 

4th section, so far as respects the words proposed to be inserted 

in lieu of the words proposed to be expunged ; and that they do 
insist on their amendment, so far as respects the striking out of 
the words proposed to be struck out in the said 4th section. 

" And that the Senate do also insist on their last amendment." 

This report was agreed to by the Senate. 

On the 10th, Mr. Sedgwick, from the managers of the House h. Journal, 
of Representatives, made a report on the subject, and on the same P* 709 - 
day the House agreed to the amendment of the Senate ; but on 
the following day it was agreed to reconsider the amendments 
pending between the two houses, and the House then resolved to id. p. 710. 
adhere to its disagreement to the amendment insisted on by the 
Senate to the fourth section, and to recede from the amendment 
insisted on by the Senate to the fifth section of the bill. The 
Senate, on the 23d, again considered their amendments disagreed s. Journal, 
to by the House of Representatives, and on the question to re- P- 492 » 493 - 
cede from their amendment, it was decided in the affirmative, by 
the following vote : — 
Senate re- Yeas — Messrs. Bradley, Brown, Burr, Butler, Dickinson, Ed- 
cede * wards, Few, Gunn, Hawkins, Izard, Monroe, Morris, Potts, Ru- 

therford, Taylor. — 15. 

JVays — Messrs. Bassett, Cabot, Ellsworth, Foster, Henry, John- 
ston, King, Langdon, Read, Robinson, Sherman, Stanton, Strong, 
Wingate. — 14. 



1st congress. On the 2d of March, 1791, being the third session of the first 1791. 
- — essi °"' Congress, Mr. Schuyler, from a committee of the Senate appoint- ~ 

ed to revise the laws of the United States, reported a bill en- 
Relative to titled " An act to continue in force the act therein mentioned, 
mode of anc i t m ake further provision for the payment of pensions to in- 
pensions. valids, and for the support of light-houses, beacons, buoys, and 
public piers." The only part of this bill which refers to the in- 
valid pensions, is the second section, which reads as follows: — 

"Sect. 2. And be it further enacted — That the yearly pensions 
which have been allowed by, or in pursuance of, any act, or law, 
of the United States, to persons who were wounded and disabled 
during the late war, shall, for the space of one year from the 
4th day of March next, be paid out of the treasury of the United 
States, under such regulations as the President of the United 
States may direct." 



HISTORY OF CONGRESS. 547 



Chap. V. National Defence— Pensions. 1791. 



Kssion 93 ' ^ lis bil1 P assea * tne Senate on the third of March, and was S. Journal, 
passed in the House of Representatives on the same day. p * 306, 

H. Journal, 
^ p. 406. 

2d congress. At the first session of the second Congress, on the 3d of Mav, 1792 

1st Session. ° J 7 *-i*j&. 

1792, Mr. King, pursuant to notice given to the Senate on the g. Journal, 
Relative to previous day, introduced a bill to continue the above named P- 437 " • 

paymenfof act The ruIeS bein & dis P ensed with > the bil1 went through all 
pensions, its stages on the same day ; and on the 4th, the other parts of the h. Journal, 
bill having undergone modification in the House of Representa- P- 59r - 
tives, the bill was passed in that house, under the amended title 
of " An act to provide for mitigating or remitting the penalties 
and forfeitures accruing under the revenue laws in certain cases, 
and to make further provision for the payment of pensions to in- 
valids." 

2d session. The President of the United States, in opening the second ses- id« en. 

Relief of sion of the second Congress, stated to the two houses the fact of 

families of ^ massacre of certain citizens by the Indians, while under the 

persons J 

killed protection of a flag of truce, and suggested the propriety of a 

der a fla^ P rov i s i° n f° r the families of the deceased. In committee of the 

of truce, whole house on the speech of the President, this portion of the 

executive suggestions was made the subject of deliberation, and 

forms the substance of one of the resolutions reported, being as 

follows: — 

" Resolved — That it is the opinion of this committee, that pro- id. p. 623. 
vision be made by law, for the widows and orphans of those per- 
sons who may have been killed, while under the protection of 
flags of truce to the Indian tribes." 

This resolution was agreed to by the House, and on the 22d of 
November a committee was appointed, consisting of Messrs. Par- 
ker, Macon, and Heister, to prepare and bring in a bill, or bills, 
pursuant to this resolution. On the 28th, Mr. Parker, from this id. p. 625. 
committee, presented a bill to make compensation to the widows 
and orphans of certain persons, who were killed by Indians, un- 
der the sanction of flags of truce, which was read the first and 
second time, and committed to a committee of the whole house ; id. p. 628. 
and on the 3d of January, 1793, the bill was considered in com- 1793. 
mittee, and several amendments were reported, which were taken id. p. 661, 
up by the House on the next day, when some were adopted, and 662 - 
Bill passed others disagreed to, and the bill was ordered to be read the third 
by House. t j me# The bill was, on the 5th of January, read the third time s. Journal, 

p. 468. 



548 HISTORY OF CONGRESS. 



Chap. V. National Defence— Pensions. 1793. 



2d congress, and passed. In the Senate, the bill was, on the 7th, read the s. Jourml, 

2d Session. * . . - Q * 

first time, and on the following day, it passed through the other P* 40y - 

BUI passed . 

by Senate. sta g es - 

On the 18th of January, 1793, a motion was made in the House H. Journal, 

of Representatives, as follows: — p " * 

Resolu- a Resolved — That a committee be appointed to bring in a bill 

tion to ^ ma k e provision of half pay for seven years, to the widows 

sions to and orphans of such officers of the army of the United States, as 

widows ] ]aye k een kiu e( ] j n ^e service since the third day of June, in the 

and or- J 

phans. year of our Lord one thousand seven hundred and eighty-four, or 

who may hereafter be killed in the service of the United States." 

It was then ordered that this motion be referred to a commit- Id. p. 691. 
tee of the whole house. On the 5th of February, the House re- 
solved itself into committee on this motion, and Mr. Key, the 
chairman, reported the following resolution, which was agreed 
to by the House: — 

"Resolved — That provision of half pay for years, to the 

widows and orphans of such officers of the army of the United 
States, as have been killed in the service since the fourth day of 
March, one thousand seven hundred and eighty-nine, or who 
may hereafter be killed in the service of the United States, ought 
to be made by law." 

Bill report- It was then ordered that Messrs. Hartley, Wadsworth, and 

ed - Greenup, prepare and bring in a bill, or bills, pursuant to this re- 

solution; and, on the same day, Mr. Hartley presented a bill to 
make provision of half-pay to the widows and orphans of certain 
officers, which was read the first and second time, and commit- 
ted to a committee of the whole house. The bill was considered 
in committee, on the 8th of February, and several amendments id. p. 696. 
thereto were reported, which, with the bill, were ordered to lie 

Not finally on the table. There was no further action on this bill during 

acted on. { \^ s Congress. 

On the 15th of January a motion was submitted to the House id. p. 672. 

of Representatives, 

Pensions " That a committee be appointed to prepare and bring in a 

to militia bill for placing on the pension list all such officers and privates 

ordisabled. of the militia as have been, or shall be, wounded or disabled in 

the service of the United States, and not provided for by law." 

This motion was referred to a committee of the whole house, 
and, on the 6th of February, the motion was taken up in com- id. p . 693. 



HISTORY OF CONGRESS. 



549 



Chap. V. 



National Defence— Seamen— Hospitals. 



1793. 



Resolu- 
tions of 
House. 



2d congress, mittee of the whole, and Mr. Dayton, the chairman, reported the 

2dSession. , , . . 

following resolutions, which were agreed to: — 

" Resolved — That provision ought to be made, by law, for 
placing such officers, non-commissioned officers, and privates, of 
the militia, as have been disabled in the service of the United 
States, since the day of , or shall hereafter be dis- 
abled in such service, on the pension list. 

u Resolved — That provision ought to be made, by law, for es- 
tablishing such regulations as may be necessary to ascertain the 
nature and degree of such disabilities, and the annual allowance 
to be made for the same." 

It was then ordered that Messrs. Greenup, Hartley, and Barn- 
well, prepare and bring in a bill, or bills, conforming to these re- 
solutions; and, on the 15th of February, Mr. Greenup, from this H. Journal, 
Bill report- committee, presented a bill for placing on the pension list such P*^ 03, 
officers and privates of the militia as may be wounded and disa- 
bled in the service of the United States; which was read the first 
and second time, and committed to a committee of the whole 
Not acted house for the following Monday. But it does not appear that 
n ' this bill was further acted on. 



ed 



1st Congress. 
1st Session. 



On the 20th of July, 1789, the House of Representatives or- 1789. 



dered that Messrs. Smith, of South Carolina, Clymer, and Car- H. Journal, 
Seamen-, roll, be a committee to prepare and bring in a bill, or bills, pro- P' * 
Billrela- viding for the establishment of hospitals for sick and disabled 

tive to hos- seamen, and for the regulation of harbours. And, on the 27th of Id. p. 92. 

seamen, August, Mr. Smith, from this committee, presented a bill pro- 
viding for the establishment of hospitals for the relief of sick 
and disabled seamen, and prescribing regulations for the harbours 
of the United States ; which was then read the first time, and 
received the second reading on the following day, and was com- 
mitted to a committee of the whole house. On the 16th of id. p. 112. 

Postponed. September, the consideration of this bill was postponed until the 
next session of Congress. 

2d session. At the second session of this Congress, on the 22d of April, 1790. 



Distressed 1790, a committee was appointed by the House of Representa- h. Journal, 
soldiers tives, consisting of Messrs. Williamson, Parker, and P. Muhlen- P- 198 - 
men. berg, to prepare and bring in a bill, or bills, for the relief of dis- 

abled soldiers and seamen. On the 28th of June, the House Id. p. 252. 
considered the reports of the secretary of war, on the petitions 



550 HISTORY OF CONGRESS. 



Chap. V. National Defence— Seamen. 1790. 



1st congress, of James Derry, Benjamin Hardison, Christian Wolfe, Samuel 
~ Garretson, and Caleb Brewster, and adopted the following reso- 
lution : — 

" Resolved — That the commissioner of army accounts be au- 
thorized to settle the accounts of pay of the said James Derry, 
and Benjamin Hardison, and to issue his certificates for the same 
in conformity to the reports of the said secretary of war ; and 
that the said Caleb Brewster, Christian Wolfe, and Samuel Gar- 
retson, respectively, be placed on the list of pensioners, from the 
time, and in the manner also reported by the said secretary." 

Committee It was then ordered, that it be an instruction to the commit- 
to prepare f- ee appointed to prepare and bring in a bill, or bills, for the re- 
lief of disabled soldiers and seamen, that they do insert a clause, 
or clauses, pursuant to the said resolution. 

Mr. Williamson, on the 16th of July, from this committee, pre- h. Journal, 
sented a bill for the relief of disabled soldiers and seamen, and P- 2 ^ 1 - 
of certain other persons, lately in the service of tbe United 
States, which was then read the first time, and received, on the 
next day, the second reading, and was committed to a committee 
of the whole house. And, on tbe 19th, the bill was considered id.p.272, 
in committee, when an amendment was reported, which was 2 ' 3, 
agreed to by the House. The bill was ordered to the third 
Billpassed reading on the 27th, and on the following day, it was read the id. p. 282, 
by House, third time, and passed. In the Senate, the bill was read the 283 * 

first and second time, on the 29th, and was committed to Messrs. g. journal, 
Amended Schuyler, Gunn, and Bassett. Mr. Schuyler, on the 2d of Au- P- 193, 194. 
in Senate. g US t 7 reported various amendments; and it was agreed to amend 

the bill accordingly. The bill was then ordered to the third id. p. 202. 
reading. On the 6th of August, the Senate proceeded further 
to consider the report, which is as follows: — 

Report. " That they have examined the vouchers, documents, or cases, 
of the several persons for whom provision is intended by the bill, 
as having been disabled whilst in the service of the United 
States ; and, it appears to your committee, that, if they had re- 
spectively applied to the commissioners appointed by the several 
states, in conformity to the acts of the late Congress, they would 
have received certificates to entitle them to be placed on the list 
of pensioners. That, in general, for want of information, or 
through ignorance, they did not apply within the time assigned 
by the act of the 11th of June, 1788, within which applications 
were to be made : That, in the opinion of your committee, they 
are, nevertheless, equitably entitled to the intended relief. 



HISTORY OF CONGRESS. 551 



Chap. V. National Defence— Seamen. 1790. 



1st congress. "That the relief intended for the other persons in the bill, ap- 

2d Session. * 

pears to your committee just and proper. 
Report. "That your committee are of opinion, that similar relief 
should be extended to the several other persons who were disa- 
bled in the service of the United States, as appears from the do- 
Amended cuments delivered with this report, and, therefore, prepare the 
in Senate. following ame ndments to the bill:— 

Amend- " Sect. 1, line 2. To strike out < James,' and insert i Joseph.' s. Journal, 
ments. u j^ g ^ g trike out t an( y and> a f ter , Steele,' insert Joseph P- 203 ' 

Shuttlief and Daniel Culver. 

11 Line 6th. After the word c discharge,' insert * that Edward 
Scott, a disabled soldier, be allowed a pension at the rate of three 
dollars per month, from the date of his discharge. That David 
Weaver, and George Schell, disabled soldiers, be each allowed a 
pension, at the rate of two dollars per month, from the date of 
their respective discharges. That Seth Boardman, a disabled 
soldier, be allowed a pension, at the rate of three dollars and 
one-third of a dollar per month, from the 17th day of March, 
1786. That Severenus Rock, a disabled captain, of Colonel Ja- 
cob Klock's regiment of New York militia, be allowed a pension, 
at the rate of five dollars per month, from the 20th day of Au- 
gust, 1777. That John Younglove, a disabled major of Colonel 
Lewis Van Woort's regiment of New York militia, be allowed a 
pension, at the rate of six dollars per month, from the 30th day 
of July, 1781. That William White, a disabled private of Co- 
lonel Williams' regiment of New York militia, be allowed a 
pension, at the rate of three dollars and one-third of a dollar per 
month, from the first day of April, 1786. That Jacob Newkirk, 
a disabled soldier of Colonel John Harper's regiment of New 
York state troops, be allowed a pension, at the rate of three dol- 
lars per month, from the 22d day of October, 1780." 

Bill passed The bill, amended to conform to this report, was then read h. Journal, 
by Senate, the third time, and passed; and the amendments of the Senate P- 294 - 
were, on the 9th, concurred in by the House of Representatives. 



od congress. In the first session of the second Congress, a member pro- 1791-92. 



1st Session 



duced certain papers respecting the sale and disposition of the h. Journal, 
Hospitals. Marine Hospital, in the state of Virginia; and these papers were, P' 453 * 
on the 14th of November, 1791, referred to the secretary of the 
treasury for his examination and report; and, on the 17th of 
April, 1792, the speaker laid before the House a letter from the 



552 HISTORY OF CONGRESS. 



CHAP. V. National Defence— IndividuarClairas. 1792-93. 



2<i congress, secretary of the treasury, accompanying his report on the papers 
~~ L referred to him, concerning a Marine Hospital, at Washington, 

in Virginia: and also on a memorial of the Marine Society of h. Journal, 
Committee Boston, on the subject of marine hospitals. This report was P- 5Q0 - 
rep G ort Sld of then ordered to be referred to Messrs. Ames, Sterrett, and Par- 
treasury, ker. On the 28th of the same month> Mr. Ames, from this com- id. p. 591. 
Report or- mittee, made a report to the House, which was read, and ordered 
onTabfe 116 to ** e u P on tne taD ^ e - There was no further action on the re- 
port, except its reference, as will be seen hereafter. 
Sick and On the 19th of November, 1792 r it was ordered by the Id<p62 i, 
mfirm sea- House of Representatives, that a committee be appointed to pre- 
pare and bring in a bill, or bills, for the relief of sick and in- 
Commit- firm seamen; and Messrs. Williamson, Lawrance, Goodhue, B. 
Bourne, and Barnwell, were appointed of this committee. It 
was ordered, at the same time, that the report of the secretary 
of the treasury, concerning marine hospitals, which was made 
on the 17th of April, and the report of a committee thereupon- 
made on the 28th, be referred to the same committee. Mr. 
Billreport- Williamson presented, from this committee, on the 21st of Ja- id. p.. 676. 
committ d nuarv > a bill ^ or * ne relief of sick and infirm seamen, which was 
then read the first and second time, and committed to a commit- 
tee of the whole house. But the bill was not taken up in com- 
mittee during the session. 
Promoting The House, likewise, on the 19th of November, appointed a Id p 62 i. 
commerce CO mmittee, consisting of the same members, to prepare and bring 
ofseamen. in a bill, or bills, for promoting commerce, by the increase of 

American seamen. And, on the 22d of January, 1793, Mr. id. p. 677. 
Billreport- Williamson presented, from this committee, a bill to promote 

ed, and commerce, by the increase of American seamen, which was then 
committed. ■ ■ ■- • « , . , , 

read the first and second time, and committed to a committee of 

the whole house. This bill shared the fate of the other, which 

emanated from the same committee, and was not again brought 

under the notice of the House. 



ist congress. The cases of individuals claiming compensation for losses, or 179 q 

services, during, or in consequence of, the late war, and on 

which there was legislation, are as follows: — 

JohwEly's John Ely, who claimed for services as a surgeon. His peti- h. Journal, 
P£titiow. t j on was referred to the secretary of war, and on his report be- Pii 62,1 ^' 

ing received, it was ordered that Messrs. Trumbull, Mathews, 173. 

and Burke, be a committee to prepare and bring in a bill for his 



HISTORY OF CONGRESS. 553 



Chap. V. National Defence— Individual Claims. 1790. 



1st congress, relief. This bill was brought in on the 11th of March, 1790, 

2d Session. g ° ' 7 

received the first and second reading, and was committed to a 

committee of the whole house. This bill was rejected on the H. Journal, 

6th of April. A new committee was appointed on this peti- p * 188 ' 

tioner's case, on the 21st of April, consisting of Messrs. Par- id. p. 197, 

tridge, Huntington, and Mathews, and a new bill was intro- 198, 

duced on the following day, which was read the first and second 

time, and was committed to a committee of the whole house. 

This bill was taken up in committee on the 30th of April, and Id. p. 206, 

having been reported without amendment, was engrossed and 

read the third time, and was sent to the Senate. In the Senate, s. Journal, 

the bill was read the first and second time, and was committed p " 187 ' 

to Messrs. Maclay, Win gate, and Elmer. Mr. Maclay made a Id. p. 189. 

Bill reject- report on the 12th of May, and the bill was then rejected, 
ed. 

Bakon de The petition of the Baron de Steuben, for compensation for H. Journal, 
Steuben. m iiit arv services, was presented to the House of Representatives, P- 110 - 123 - 
on the 14th of September, 1789, and was referred to the secreta- 
ry of the treasury. The report of the secretary was received on 
the 6th of April, 1790, and was considered on the 19th, when id. p. 190. 
Messrs. Gerry, Wadsworth, Vining, Smith, of South Carolina, Id. p. 196. 
Bill. and Lawrance, were appointed a committee to bring in a bill. 

Mr. Gerry, on the 30th, presented a bill for finally adjusting and Id. p. 207. 
satisfying the claims of Frederick William de Steuben, which 
was read the first and second time, and was committed. This 
bill occupied the House, in committee, during the 4th, 5th, and 
6th of May, when it was reported without amendment. On the 
7th, the bill being before the House, it was moved to strike out, ^P' 208 "" 
in the first section, from the word "assembled," in the second id. p. 210, 
line, to the end, as follows: — 211. 

Motions to " That, for the final adjustment and satisfaction of the claims 
of Frederick William de Steuben, and as well to indemnify him 
for his sacrifices and expenses in coming to the United States, as 
to compensate him for his services to them during the late war, 
(pursuant to the conference between him and a committee of 
Congress, in the year one thousand seven hundred and seventy- 
eight, set forth in the documents accompanying his memorial,) 
there be allowed to the said Frederick William de Steuben — 

" The pay and other emoluments of major general and inspect- 
or general, specified in the several acts of Congress relating to 
him, from the tenth day of March, in the year one thousand se- 
ven hundred and seventy-eight, to the fifteenth day of April, in 
the year one thousand seven hundred and eighty -four: 
Vol. I.-— 70 



amend. 



554 HISTORY OF CuNGRESS. 



C«A*. V. Ni; :::^:';:::-:::.r;.:.v i.if HML 



"An annuity, for life, of two thousand seven hundred and six 
~ dollars, to commence on the first day of October, in the year one 
thousand seven hundred and seventy-seven. 

« And thousand acres, in the Western territory of the 

United States, to be located in such manner as shall hereafter be 
prescribed by law: Provided — That the foregoing allowances 
shall not be construed to include either half pay, or the commu- 
tation for half ps \ 

And the question being put on this motion, ft was decided in 
the affirmative, by the following vote: — 

Jhjts — Messrs. Ashe, Baldwin, Blood worth, Bond mot. Brown, 
Contee, Floyd, Foster, Gilman, Goodhue, Grout, Livermore, 
Moore, Muhlenberg, Van Rensselaer, Schureman, Seney, Sher- 
man, Silvester, Sinniekson, Smith, of Maryland, Steele, Stone, 
Sturges, Thatcher, Tucker, White, Williamson.— 28. 

y-ji.i — Messrs. Ar.-.'Es. Z- •: .:. : : r. . Z.:.r.f. B.irke, Cadwalader, 
Carroll, Clymer, Fitzsimons, Gale, Griffin, Heister, Huger, 
Huntington, Lawrance, Lee, Madison, jr., Page, Scott, Smith, 
of South Carolina, Yining, Wynkoop. — 21. 

is then moved, and agreed to, to insert, in lieu of the 
words stricken out, the following clause : — 

" That, in order to make full and adequate compensation to 
Frederick William de Steuben, as well for the sacrifices and emi- 
nent services made and rendered to the United States during the 
late war, as for the commutation or half pay promised by the re- 
solutions of Congress, there be paid to the said Frederick W 
liam de Steuben the sum of seven thousand dollars, in addition 
to the moneys already received by him; and, also, an annuity of 

dollars, during life, to commence on the first of January 

last, to be paid in quarterly payments at the treasury of the 
United States; which several sums shall be considered in full dis- 
charge of all claims and demands whatever of the said Frederick 
William de Steuben against the United States. " 

The bill was then further amended, and was ordered to be en- h. Journal, 
grossed, and read the third time. On the 10th, the bill having P- 212 - 
been read the third time, it was moved to fill up the blank in the 
bill as to tbe amount of the annuity to the Baron de Steuben, 
h the sum of two thousand seven hundred and six dollars; 
and the question being put on this motion, it was decided in the 
negative bv the following vote: — 

Ayes — Messrs. Ames, Benson. Bland, Cadwalader, Carroll, 
-.5, Gale. Gerry. Hart: Bsger, Hun- 



HISTORY OF CONGRESS. 555 



CHAP. V. National Defence— Individual Claims. 1790. 



1st congress, tington, Lawrance, Lee, Madison, jr., Muhlenberg, Page, Scott, 

2d Session. 

— Smith, of South Carolina, Trumbull, Tucker, Vining, Wads- 
worth, Wynkoop. — 25- 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Boudinot, Brown, 
Contee, Floyd, Foster, Gilman, Goodhue, Griffin, Grout, Hathorn, 
Livermore, Mathews, Moore, Parker, Partridge, Van Rensselaer, 
Schureman, Seney, Sherman, Silvester, Sinnickson, Smith, of 
Maryland, Steele, Stone, Sturges, White, Williamson. — 30. 

The motion was therefore rejected, and it was then agreed to 
fill the blank with the sum of two thousand dollars. The ques- 
Bill passed tion was then put on the passage of the bill, and k was decided H. Journal, 
by House. & ^ affirmativej as follows:-- P- 213 « 

Ayes — Messrs. Ames, Benson, Bland, Boudinot, Cadwalader, 
Carroll, Coles, Contee, Fitzsimons, Gale, Gerry, Griffin, Hartley, 
Heister, Huger, Huntington, Lawrance, Lee, Livermore, Madi- 
son, jr., Moore, Muhlenburg, Page, Parker, Scott, Sherman, 
Smith, of Maryland, Smith, of South Carolina, Trumbull, Tucker, 
Vining, Wadsworth, White, Wynkoop. — 34. 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Floyd, Fos- 
ter, Gilman, Goodhue, Grout, Hathorn, Mathews, Partridge, Van 
Rensselaer, Schureman, Seney, Silvester, Sinnickson, Steele, 
Stone, Sturges, Williamson. — 2L 

The bill was therefore passed and sent to the Senate, where, s. Journal, 
on the 10th and 11th, the bill received the first and second read- J^ 39 * 144, 
ing, and was committed to Messrs. Maclay, Strong, Izard, Ells- 
worth, and Johnston. Mr. Maclay reported the bill on the 24th, 
and on the 25th the Senate proceeded to consider the report, as 
follows: — 

Motions to " In the second line, strike out from the word * order,' inclusive, 

amend m fo ^q e nd of the bill, and insert * consideration of the eminent 
Senate. 

services of the Baron de Steuben, rendered to the United States 

during the late war, there be paid to him an annuity of one thou- 
sand dollars, to commence on the first day of January last, to 
be paid in quarterly payments at the treasury of the United 
States.'" 

On the following day, much debate having taken place, the 
question was put on agreeing to the report of the committee, and 
decided in the negative, as follows: — 

Yeas — Messrs. Ellsworth, Elmer, Few, Hawkins, Johnston, 
Langdon, Strong, Wingate. — 8. 

Nays — Messrs. Bassett, Butler, Carroll, Dalton, Gunn, Henry, 
Johnson, Izard, King, Lee, Maclay, Morris, Paterson, Read, 
Schuyler, Walker.-— 16, 



556 HISTORY OF CONGRESS. 



Cbllp. V. National Defence— Individual Claims. 1790. 



1st congress. It was then moved that the opinion of the Senate should be s. Journal, 

SS '° n ' taken, whether two thousand dollars, line 7, should stand in the P* 146 ' 

Motions to j^j{. anc j tne q Ues tion being taken on this motion, it was decided 
as follows: — 

Yeas — Messrs. Bassett, Butler, Carroll, Gunn, Henry, Izard, 
King, Lee, Morris, Read, Schuyler, Walker. — 12. 

Nays — Messrs. Dalton", Ellsworth, Elmer, Few, Hawkins, John- 
son, Johnston, Langdon, Maclay, Paterson, Strong, Wingate. — 12. 

The numbers being equal, the Vice-President determined the 
question, by giving the casting vote in the affirmative. 

A motion was then made to strike out the following words, 
" the sum of seven thousand dollars, in addition to the moneys al- 
ready received by him, and also;" and, the question being put, it 
was decided as follows: — 

Yeas — Messrs. Butler, Dalton, Ellsworth, Elmer, Few, Haw- 
kins, Johnson, Langdon, Maclay, Paterson, Strong, Wingate. — 12. 

Nays — Messrs. Bassett, Carroll, Gunn, Henry, Johnston, Izard, 
King, Lee, Morris, Read, Schuyler, Walker. — 12. 

The vote of the Vice-President being again required, decided 
this question in the negative. 

The third reading of the bill came on on the 27th. An un- 
successful motion was again made to reduce the annuity to one 
thousand dollars ; but a motion to strike out seven thousand in 
the 6th line, was decided in the affirmative. The various sums 
of " five thousand," i: four thousand five hundred," and " four 
thousand," were then successively moved, and all rejected ; and it 

was then agreed to strike out these words, " the sum of 

dollars, in addition to the moneys already received by him, and 
also." It was likewise determined to strike out these words, " as 
well for the commutation or half pay provided by the resolutions 
of Congress." 

It was then moved, to add " five hundred " after the words id. p. 1 17. 
" two thousand," in the 7th line, thus increasing the amount of 
the annuity. The question being taken on this motion, it was 
decided in the following manner: — 

Yeas — Messrs. Bassett, Butler, Carroll, Gunn, Henry, Izard, 
King, Lee, Morris, Read, Schuyler, Walker. — 12. 

Nays — Messrs. Dalton, Ellsworth, Elmer, Few, Hawkins, 
Johnson, Johnston, Langdon, Maclay, Paterson, Strong, Win- 
gate. — 12. 

The Vice-President, on this occasion, also, being required to 
Billpassed vole > decided the question in the affirmative. The bill was then 
by Senate, passed, as amended. 



HISTORY OF CONGRESS. 557 



Chap. V. National Defence— Individual Claims. 1790. 



istcongress. On the 28th, the House took up for consideration the amend- 

" ! ments of the Senate, when the first, second, and third, having 

been agreed to, the question was put on the last amendment; 
namely: to add the words " five hundred" after the words 
" two thousand," and it was decided in the affirmative, as fol- 
lows: — 

Jlyes — Messrs. Ames, Benson, Boudinot, Burke, Cadwalader, 
Carroll, Clymer, Coles, Contee, Fitzsimons, Floyd, Gale, Ger- 
ry, Hartley, Heister, Huger, Huntington, Lawrance, Lee, Li- 
vermore, Moore, Muhlenberg, Page, Parker, Scott, Silvester, 
Smith, of South Carolina, Trumbull, Tucker, Vining, White, 
Wynkoop. — 32. 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Foster, 
Gilman, Goodhue, Griffin, Grout, Hathorn, Jackson, Leonard, 
Mathews, Partridge, Van Rensselaer, Schureman, Seney, Sher- 
man, Sinnickson, Steele, Stone, Sturges, Sumpter, Thatcher, 
Williamson. — 25. 

John On the 1st of February, 1790, the petition of John M'Cord, h. Journal, 

Canadian °^ Q ueDec > was presented to the House of Representatives, pray- P** 50— 
refugee, ing to be reimbursed for supplies of money and other necessa- 
ries, which he furnished to the American army in Canada, in 
the year 1775. This petition was referred to Messrs. Ames, 
Fitzsimons, and Boudinot; and, on the 7th of May, Mr. Ames Id. p. 211. 
made a report, which was taken up for consideration on the 1st id. p. 232. 
of June, when it was resolved, "that there be paid to the said 
John M'Cord, the sum of one thousand dollars, in full, for all 
claims, either of rations or lands, as a Canadian sufferer or re- 
fugee." The committee, already appointed, were then instruct- 
ed to bring in a bill. A bill, to this effect, was reported by Mr. 
Boudinot on the following day, and immediately went through id. p. 233, 
the various stages, and was sent to the Senate, where, on the 6th 234, 
and 7th, it was read the first and second time, and committed to p^o^isY. 
Messrs. Morris, Maclay, and Elmer. The bill was reported 
and amended on the 18th; and was read the third time, and id. p. 163. 
Billpassed. passed, on the next day. On the 22d, the House agreed to the H. Journal, 
amendment. p * 

Davii> A petition of the representatives of David Gould, deceased, id. p. 245. 

Gould. was presented to the House of Representatives, and referred to 

the secretary of war, who reported, and the report having been 

considered by the House, the following resolution was adopted: — 

" Resolved — That provision ought to be made for paying to 

Orphans, such of the orphan children of the late Doctor David Gould, who 



558 HISTORY OF CONGRESS. 



Chap. V. National Defence— Individual Claims. 1790. 



istcongress. died in service during the late war, as were living at the time 
— of his death, or their legal representatives, the sum of one thou- 
sand six hundred and eighty dollars, being the amount of the 
half pay of a captain for seven years, the same being the ratio 
established as the half pay of a surgeon by the resolves of Con- 
gress, of the 17th day of January, 1781." 

Messrs. Seney, Heister, and Moore, were instructed to bring h. Journal, 
in a bill; and a bill was reported on the 23d, which was passed P- 248— 
through the various stages on the two next successive days. ' . 
After two readings in the Senate, the bill was committed to p. 166. 169. 
Bill reject- Messrs. Wingate, Elmer, and Maclay. After the report of the id. p. 174, 
committee was received, the bill was rejected. 175 ' 

Thomas A petition was presented to the House of Representatives, on h. Journal, 

Babciat. the 24 t h of September, 1789, from Thomas Barclay, praying P- m 

Services that he might receive compensation for services rendered to the 

as consul, Tjm te cl States, in various public stations in Europe. On the 
commis- 7 r r 

sioner, and 24th of February, 1790, this petition was referred to Messrs. id. p. 163. 

agent. Clymer, Page, and Sinnickson. Mr. Clymer made a report on 2o1 * 

the 28th of June, which was considered on the 1st of July, and id. p. 255. 
recommitted to the same committee. Another report was made Id. p. 278. 
by Mr. Clymer, on the 24th of July, which was considered on id. p. 282. 
the 27th of July, when the House came to the following reso- 
lution: — 

" Resolved — That, in the settlement of the accounts of the said 
Thomas Barclay, he be allowed, exclusive of expenses charged 
by him in his said account, namely, as consul in France for 
three years, the salary appointed by Congress to that office: 
That, on all goods purchased and shipped by him in Holland for 
the United States, he be allowed a commission of two and a half 
per centum: That, on the value of all the supplies of goods for 
the United States, repacked and shipped by him in Holland, and 
in various ports in France, he be allowed one per centum: That, 
as a commissioner for settling the accounts of receipts and ex- 
penditures of public moneys in Europe, for four years, he be 
allowed at the rate of fifteen hundred dollars per annum: That, 
as agent for negotiating and concluding a commercial treaty with 
Morocco, he be allowed two thousand dollars." 

Messrs. Stone, Clymer, and Page, were instructed to bring in h. Journal, 
a bill, which was presented by Mr. Clymer on the following day, P* 283 * 
when, after receiving the first and second reading, it was com- id. p. 285. 
mitted, and considered in committee: several amendments were 



HISTORY OF CONGRESS. 559 



Chip. V. National Defence— Individual Claims. 1790. 



1st congress, reported, and the bill was ordered to the third reading, and s. Journal, 

° n ' was passed on the next day. In the Senate, the bill was read P- 193, 

the first and second time on the 29th and 30th, and was com- 
mitted to Messrs. King, Morris, and Langdon. Mr. King, on 
the 3d, reported sundry amendments, which were considered on 
the 5th, as follows: — 
Amend- M Line 3. Strike out the word ' from/ and insert the word id. p. 194. 

ments by , ^tween/ 199 - 

Senate. 

(i Line 4. Strike out the words i one until/ and insert the 
words 'and the.' 

" Same line. Strike out the word ' seven,' and insert the word 
1 eight/ so that the bill read thus: < between the year 1780 and the 
year 1788.' 

" Strike out, line 6th to line 9th, these words: i as appointed by 
the late Congress to that office; on all goods purchased and shipped 
by him in Holland for the United States, a commission of 2^ per 
cent.; on the value of all the supplies of goods for the United States, 
repacked and shipped by him in France and Holland, a commis- 
sion of one per cent.,' and insert in their place these words, < in 
lieu of all commissions for business done on account of the United 
States, according to the resolutions of Congress of the third day 
of November, 1780.' 

"Line 10. Between the ward * years,' and the words <a sa- 
lary,' insert ' in addition to his actual expenses for office rent,, 
clerks, stationary, and postage.' 

" Same line. Strike out * four,' and insert l three.' 

" Same line. Strike out 6 fifteen hundred,' and insert 'two* 
thousand.' 

" Line 11. Between the words ' Morocco/ and ' the/ insert 
these words, ' in addition to his actual expenses in conducting, 
the same.' 

i( Line 12. Strike out the word c two/ and insert 6 four/ 

" Same line. Strike out { which several allowances shall he 
exclusive of the account of the private expenses incurred by the 
said Thomas Barclay, whilst employed as commissioner and agent 
aforesaid.' 

Passed by It was then agreed to amend the bill to conform to this report, id. p,20(L 
Senate. an ^ tnus ame nded, the bill was read the third time and passed. 
mentsTnot Tne amended bill was then returned to the House, but was not 
taken up acted on by that branch, 
by House. 

3d session. At the next session, on the 12th of February, 1791, the peti- 1791. 
Ba ™J ax tions of Thomas Barclay and of Jacob Winey, on behalf of him- h. Journal, 
Wikw. self and others, were presented ta the House of Representatives, P* 376 - 



560 HISTORY OF CONGRESS. 



CaLLP. V. National Defence — Individual Claims. 1791. 



1st congress, praying that depreciation may be allowed on certain paper mo- 
— geaBI ° n " ney payments, made them by order of the late Congress, for the 
freight and valuation of two ships, the property of the petition- 
ers, which were chartered for public service, and afterwards taken 
by the enemy. The petitions were referred to Messrs. Clymer, H. Journal, 
Smith, of Maryland, and Partridge; and this committee, on the p " c 
19th, was discharged from the further consideration of the peti- 
tions, and they were referred to the secretary of the treasury. 



2d congress. Ox the 22d of November, the report of the secretary of the 1792. 
" treasury on this petition, was made to the House, and ordered h. Journal, 

to lie on the table. And, on the 21st of December, a petition P- 625 - 
RArsTc^r, was presented from Robert Ralston, assignee of the estate of Id. p. 652. 
assignee of Thomas Barclay, praying that payment might be made to him, 
cxax. as legal representative of Barclay, for the amount of certain 
claims for services rendered by him to the United States, pre- 
viously to the 16th day of May, 1791; and this petition was re- 
ferred to the secretary of the treasury, for examination and re- 
port. 

Nothing further was done in relation to this claim. 



1st congress. A petition of Sarah, the widow of the Earl of Stirling, was 1790. 

2d s 'esfiioQ. 

presented to the House of Representatives, on the 25th of June, a Journal, 

vroow o? 1790, praying to receive the allowance of seven years' half-pay, p ' 
THB E-*- 111 ' due to her deceased husband, as a major-general in the service 
ii3r &1 of the United States, which was referred to the secretary of war, 

whose report to the House was received on the 27th of July, Id. p. 282. 
and was taken up for consideration on the 2d of August, when 
the House adopted a resolution "that there be paid to Sarah Id. p. 286. 
Stirling, the widow of the late Major-general Lord Stirling, the 
sum of six thousand nine hundred and seventy-two dollars, being 
the half pay of a major-general in the late American army, for 
the term of seven years." Messrs. Boudinot, Thatcher, and 
Ashe, were then directed to bring in a bill. Mr. Boudinot pre- 
BOL sented, on the 4th of August, a bill making an. appropriation for Id. p. 283. 
discharging the claim of Sarah Alexander, the widow of the late 
Major-general Lord Stirling, who died in the service of the 
United States, which was then read the first time, and, on the 
next day received the second reading, and was committed, con- Id. p. 289, 
Passedby sidered in committee, and ordered to the third reading. On the 
Hw,ee ' 6th ; the bill was passed and sent to the Senate, where it received id. p. 291. 



HISTORY OF CONGRESS. 561 



Chap. V. National Defence— Individual Claims. 1790. 



1st congress, two readings on the same day, and was committed to Messrs. 

2d Session. © J 7 

Schuyler, Butler, and Izard. Mr. Schuyler, on the 7th, report- 
ed amendments; namely: — 
Amend- " Strike out of the section all subsequent to the word ' that,' S. Journal, 

SenlL hy in the second line > and substitute as follows: "The register of P- 203 * 204 ' 
the treasury shall, and is hereby required to, grant unto Sarah, 
the widow of the late Major general Earl of Sterling, who died 
in the service of the United States, a certificate, to entitle her to 
a sum equal to an annuity for seven years' half pay of a major 
general; to commence, as from the 14th day of January, 1783, 
in conformity to the act of the late Congress, passed on the 24th 
day of August, 1780; the amount for which the said certificate is 
to be granted, to be ascertained by the secretary of the treasury, 
and on similar principles as other debts of the United States are 
liquidated and certified. 

u And be it further enacted — That the said register shall grant 
unto Frances Eleanor Laurens, the orphan daughter of the late 
Lieutenant Colonel John Laurens, who was killed whilst in the 
service of the United States, a certificate, to entitle her to a sum 
equal to an annuity for seven years' half pay of a lieutenant co- 
lonel, to commence as from the 25th day of August, 1782, ac- 
cording to the act of the late Congress, of the 24th day of Au- 
gust, 1780; the amount for which the said certificate is to be 
granted, to be ascertained by the secretary of the treasury, in 
manner aforesaid. 

" And whereas, no provision hath heretofore been made for 
discharging the arrears of pension due to officers, non-commis- 
sioned officers, and soldiers, who were wounded and disabled 
whilst in the service of the United States; therefore, Be it further 
enacted — That each of the officers, non-commissionedofficers, and 
soldiers, who were so wounded and disabled, and who is now 
placed on the books, in the office of the secretary in the depart- 
ment of war, as a pensioner, or to be so placed, in conformity to 
any law of this Congress, shall receive from the register of the 
treasury, (who is hereby required to grant the same,) a certifi- 
cate, to be liquidated- and settled in such manner as the secretary 
of the treasury shall direct, for a sum equal to the pension an- 
nually due to him, to commence from the time he became enti- 
tled thereto, or from the time to which the same had been paid, 
as the case may be, which shall be ascertained and certified by 
the said secretary for the department of war, and which annuity 
shall be liquidated to the 4th day of March, 1789; from which 
Vol. I.— 71 



562 HISTORY OF CONGRESS. 



CHAP. V. National Defence— Individual Claims. 1790. 



an£E M ' ^ a y tne United States have assumed the payment of the pensions 
certified by the several states ; and, in case of the death of any 

ments^by P erson so entitled, the certificate shall pass to his heirs, or legal 

Senate. representative or representatives. 

" And be it further enacted — That the widow or orphan of each 
officer, non-commissioned officer, or soldier, who was killed, or 
died, whilst in the service of the United States, and who is now 
placed on the books in the office of the said secretary, is entitled 
to a pension by virtue of any act of the said late Congress, or any 
law of this Congress, and for whom provision has not been made 
by any state, and to whom any arrears of such pension are due, 
and which have arisen prior to the said 4th day of March, 1789, 
shall receive a certificate therefor, in like manner, and on the 
same principles, as certificates are by this act directed to be 
given to officers, non-commissioned officers, and soldiers, who were 
wounded or disabled, as aforesaid. 

" Expunge from the title all after the word * act,' and substi- 
tute, * for the relief of the persons therein mentioned or de- 
scribed.' " 

Bill passed It was then agreed to amend the bill so as to conform to this 
by Senate. re p 0r (;. an( j the bill, as thus amended, was passed, and returned 

to the House of Representatives for concurrence. On the 9th, 
House con- the House considered the amendments of the Senate, and agreed h. Journal, 

to the same. P- 294 ' 

Petition of On the 4th of May, 1790, a petition was presented to the Id. p. 208. 
s. Moore, House of Representatives from Stephen Moore, of North Carolina, 
purchaseof p ra ying to receive compensation for the use and value of a cer- 
w f st tain tract of land, at West Point, in the state of New York, on 

which had been erected the fortifications and arsenals of the 
United States, which was referred to the secretary of the treasu- 
ry. The letter and report of the secretary of the treasury were, id. p. 236. 
on the 10th of June, referred to Messrs. Lawrance, Steele, and 
Brown. Mr. Lawrance, on the 15th, presented, from this com- 
[H. B. 76.] mittee, a bill to authorize the purchase of a tract of land for the 
use of the United States ; which was then read the first time, 
and, on the two following days, received the second and third id. p< 242, 
reading, and was passed. 243 - 

In the Senate, the bill was read the first and second time, on s . journal, 
the 17th and 18th, and was referred to Messrs. Izard, Gunn, and p. 163. 165. 
Langdon. Mr. Izard, on the 25th, reported the bill without 
amendment. It was then moved to adopt the following clause 
thereof: — 



HISTORY OF CONGRESS. 563 



CHAP. V. National Defence— Individual Claims. 1790. 



iBt congress. " That it shall be lawful for the President of the United States, 

2d Session 

— and he is hereby authorized, to cause to be purchased, for the 

use of the United States, the whole, or such part of that tract of 
land, situate in the state of New York, commonly called West 
Point, as shall be by him judged requisite for the purpose of such 
fortifications and garrisons as may be necessary for the defence 
of the same." 

And this question was decided in the affirmative by the fol- 
lowing vote : — 

Yeas — Messrs. Butler, Carroll, Dalton, Few, Gunn, Henry, 
Johnson, Johnston, Izard, King, Lee, Paterson, Schuyler, Walker. 
—14. 

Nays — Messrs. Bassett, Elmer, Langdon, Maclay, Morris, 
Strong, Wingate. — 7. 

The bill was then ordered to the third reading ; and, on the s. Journal, 
28th, the bill was read the third time, and, on the question of its p-166,167. 
passage, the vote was as follows : — 

Yeas — Messrs. Butler, Carroll, Dalton, Few, Foster, Hawkins, 
Henry, Johnson, Johnston, Izard, King, Lee, Paterson, Schuyler, 
Walker.— 15. 

Nays — Messrs. Bassett, Ellsworth, Elmer, Langdon, Maclay, 
Morris, Read, Stanton, Strong, Wingate. — 10. 
Bill passed. The bill was therefore passed. 

3d session. A petition was presented to the House of Representatives on X791. 

George the 24th of January, 1791, at the commencement of the third H Journa i 
session of the first Congress, from George Gibson, praying com- p. 360. 
pensation for services rendered to the United States, during the 
late war. The petition was referred to Messrs. Giles, Vining, id. p. 366. 
P. Muhlenberg, Mathews, and Wadsworth. Mr. Giles, on the 
28th, made a report, which was taken up for consideration on id. p. 381. 
the 16th of February, and the first part was disagreed to, in the 
following words: "That the petitioner, George Gibson, is, in 

justice, entitled to the sum of dollars from the United 

States, as a commutation for half pay of a continental colonel, 
agreeably to former resolutions of Congress." On the 26th, the 
consideration of the report was resumed, when the House agreed 
to the latter part of the resolution ; which reads as follows :— 

" That, in a most critical period during the late revolution, id. p. 394. 
the petitioner undertook a fatiguing, hazardous, and important 
expedition, of a secret nature, and, by his fidelity and masterly 



GlBSOX. 



564 HISTORY OF CONGRESS. 



Chap. V. National Defence— Individual Claims?. 1791. 



istconrress. management in the execution thereof, procured advantages to 

3d Session. ~ . . r & 

theLnited btates singularly important, without incurring anv, 
or but a very trivial expense, for which he has hitherto received 
no compensation ; and therefore the committee are of opinion, 
that he is justly and equitably entitled to the sum of dol- 
lars, as a reasonable compensation for his said services," 

It was then ordered that Messrs. Giles, Vining, P. Muhlenberg, h. Journal, 
Mathews, and Wadsworth, prepare and bring in a bill. And on P* 396# 
Bill. the 28th, Mr. Giles presented a bill to compensate George Gib- id. p. 398, 
son, which was then read the first time, and on the following 
day, received the second reading, and was committed. On the 
2d, the bill was considered in committee, when an amendment id. p. 400. 
was reported, which was agreed to; and the question being then id. p. 401. 
taken on the engrossment of the bill, it was decided in the af- 
firmative, by the following vote : — 

Ayes — Messrs. Ashe, Baldwin, Benson, Boudinot, Brown, Burke, 
Cadwalader, Carroll, Clymer, Contee, Fitzsimons, Floyd, Gilman, 
Giles, Hartley, Huntington, Jackson, Lawrance, Lee, Madison, 
jr., Muhlenberg, Scott, Seney, Sevier, Smith, of Maryland, 
Smith, of South Carolina, Sumpter, Trumbull, Tucker, Vining, 
Wadsworth. White, Wynkoop.— 33. 

J\oes — Messrs. Ames, B. Bourne, Foster. Hathorn, Leonard, Li- 
vermore, Partridge, Van Rensselaer, Schureman, Sedgwick, 
Sherman, Silvester, Thatcher, Williamson. — 14. 

On the same day, the bill was passed, and sent to the Senate, s. Journal, 
where it was read the first time on the same day. The bill P- 30 °- 
Bill post- was, on the following day, ordered to be postponed till the next ' p ' J ' 
poned. se5sion of Congress. ~ 



2d congress. At the first session of the second Congress, on the 2Sth of 1792. 

]M Session 



March, 1792, the Senate appointed Messrs. Morris, King, and s. Journal, 
Cabot, to report a bill, compensating the services of the late p " til' 

New bill. George Gibson ; and a bill was reported on the 19th of April, 
when it was read the first time, and received the second and 
third reading on the 20th and 23d, when it was sent to the H. Journal, 
House of Representatives, where it was, on the following day, po 0, ° 
read the first and second time, and committed to a committee of 
the whole house ; and on the Sth of May. the bill was considered id. p. 604. 
in committee, and no amendment being made thereto, was im- 

Passed. mediately read the third time, and parsed. 



HISTORY OF CONGRESS. 565 



Chap. V. National Defence— Individual Claims. 1790. 



^congress. A petition was presented to the House of Representatives, on H. Journal, 
DAYn> the 24th of February, 1790. from David Cook, praying compen- P- 162 > 163 - 
Cook, sation for losses in the late war, which was referred to the secre- 
tary of war, whose report was made on the 16th of March, and, id. p. 176. 
on the 24th, was committed to Messrs. Burke, Trumbull, and 181, 
Thatcher. Mr. Burke, on the 5th of April, presented a bill id. p. 189. 
from this committee, entitled a bill for the relief of a certain 
description of officers therein mentioned ; which was read the 
first and second time, and committed, and passed with an amend- 
ment on the 21st of April. In the Senate, the bill was read the id. p. 197. 
first and second time, on the 21st and 22d of April, and was s. Journal, 
committed to Messrs. Schuyler, Hawkins, and Ellsworth, and P- 133, 134. 
was rejected on the 23d of the same month. 

3d session. On the 14th of February, 1791, at the third session, the peti- 1791. 

tion of Cook was again presented, and referred to the war de- H. Journal, 
partment, and a report was received on the 22d, which, on the p ' 
26th, was referred to Messrs. Burke, Thatcher, and Mathews, id. p. 399. 
On the 2d of March, Mr. Burke presented a bill for the relief of 
David Cook, which was then read the first time, and was not af- 
terwards acted on. 



2d congress. At the first session of the second Congress, on the 3d of No- id. p. 448. 



1st Session 



vember, the petition of David Cook, late a captain in the third 
Dated regiment of artillery of the state of Massachusetts, was again 
Cook and presented, and referred to the committee appointed to prepare a 
Campbell bill for making compensation to widows, orphans, and invalids, in 
certain cases. Mr. Wadsworth, from this committee, reported, on 
the 25th, a separate bill for the relief of David Cook, which was I( j, p 463 
then read the first time, and on the 28th, received the second id. p . 466. 
reading, and was committed to a committee of the whole house, 
by whom it was considered on the first of December, and re- 
ported without amendment. The bill was then amended by add- id. p. 392. 
ing to it a provision for the case of Thomas Campbell, who had 466, 
applied for a pension on account of wounds ; and, thus amended, 
the bill was passed, and sent to the Senate for concurrence, where, Id. p. 467. 
on the 5th and 6th, it received the first and second reading, and s. Journal, 
was committed to the committee on the bill for making compen- P* 349, 
sation to certain widows, orphans, invalids, and other persons. 
The bill was reported on tbe 9th without amendment, and was id. p. 354, 
afterwards passed with the following amendments : — 355, 

" Section 1, line 7. After the word * office,' insert * a sum equiva- 
lent to.' 



566 HISTORY OF CONGRESS. 



Chap. V. National Defence— Individual Claims. 1791, 



2d congress. " Section 2, lines 4 to 7. Strike out the words from ' the ' to the 

1st Session. 

word ■ notwithstanding/ inclusive, and substitute, * Provided — 
That he return into the treasury office a sum equivalent to the 
whole of his commutation of half pay.' " 

Bill passed. On the 14th, the House of Representatives agreed to these 
amendments. 

Joseph On the 9th of November, 1791, it was ordered by the Senate, s. Journal, 
Pabhux. ^hat Messrs. Few, Strong, and Butler, report a bill authorizing P- 339 > 340 « 
the comptroller of the treasury to settle the accounts of Joseph 
Parmill. Mr. Few reported the bill on the 11th ; and on the 14th 
and 15th it received the first and second reading, and was re- 
ferred to Messrs. Burr, Wingate, and Sherman. There appears 
no subsequent proceeding on the Journal in reference to this bill. 

Wilmixg- At the first session of the second Congress, the trustees of the 1792. 



TON 
DEMY 



Aca- grammar school and academy of Wilmington, in the state of Dela- h. Journal, 
ware, presented a petition to the House of Representatives, P- 545 « 
praying compensation for the injury done to the building during 
the war, which was referred to the secretary of the treasury. 
This report was referred, on the 23d of March, 1792, to Messrs. id. p. 554, 
Vining, Mercer, and Ashe. Mr. Vining made a report on the 555, 
29 th, which was taken up on the following day, when it was con- 
sidered, and it was resolved, 

" That the sum of be allowed for the use of the grammar 

school and academy at Wilmington, in the state of Delaware, 
and that provision by law be made for that purpose." 

Messrs. Vining, Mercer, and Ashe, were then directed to pre- 
pare a bill. The bill was introduced on the 31st, and was then Id. p. S6Z 
read the first and second time, and committed to a committee of 
the whole house. On the 4th of April, the bill was considered Id. p. 563. 
in committee, and no amendment being reported, it was ordered 
to the third reading; and it was read the third time and passed 
on the next day. In the Senate, this bill was read the first and S. Journal, 
second time on the 5th and 6th, and was then ordered to the p ' 
third reading; and on the 10th it was referred to Messrs. Lang- id. p. 423, 
don, Read, and Monroe, and, on the 11th, the committee having 424, 
Billpassed. reported, the Senate concurred in the bill. 



ist congress. On the 5th of March, 1790, a petition was presented to the 1799. 
~ House of Representatives, from Catherine Greene, relict of the h. journal, 

Greene, late General Greene, praying that an inquiry may be had on the P- 168 « 



HISTORY OF CONGRESS. 567 



Chap. V. National Defence— Individual Claims. 1790. 



let congress, claims and petition of her late husband, as exhibited to the late 

2d Session. K 

Congress, on the 22d of August, 1785. This petition was referred 
to Messrs. Gerry, Boudinot, Parker, P. Muhlenberg, and Smith, H. Journal, 
of South Carolina. Mr. Gerry made a report from this commit- p * 285, 
3d session , tee on the 29th of July, and, on the 30th, the report was consi- 1791. 
dered, and the petition was referred to the secretary of the trea- ~ 
sury. The secretary made a report to the House on the 26th of H. Journal, 
December. This report was considered in committee of the p * 
whole, on the 10th, 20th, and 23d of January, when they report- 1792. 
ed that they had come to no resolution thereupon, and the com- H. Journal, 
mittee were then discharged from further proceeding on the re- Agi 90,494 ' 
port. 



2d congress. On the 22d of February, 1792, it was moved that the House id. p. 517, 

1st Session. . J ii« 

adopt the following motion : — 51 °- 

General " Whereas the late Major General Nathaniel Greene, on the 
Greene. g^ n ^y f April, 1783, the more effectually to procure rations 
and supplies for the southern army of the United States, became 
bound as surety for John Banks and company, to Newcomen and 
Collet, merchants in Charleston, for the payment of eight thou- 
sand seven hundred and forty-three pounds, fifteen shillings, and 
six pence, sterling money, being the condition of said bond :— 

" And, whereas, on the first day of May, 1786, the balance of 
principal and interest of said bond, being then eight thousand 
six hundred and eighty-eight pounds, six shillings sterling, was 
paid by the said General Greene: Therefore, 

"Resolved — That the United States shall indemnify the estate 
of the said General Greene for the said sum, last-mentioned, and 
the interest thereof: Provided — The executors of the said Ge- 
neral Greene shall account for a sum, being about two thousand 
pounds, be the same more or less, received of John Ferrie, one 
of the partners of the said Banks and company, to be in part of 
the indemnification aforesaid; and also shall make over, for the 
use of the United States, all mortgages, bonds, covenants, or other 
counter securities whatsoever, now due, which were obtained 
by the said General Greene, in his lifetime, from the said Banks 
and company, on account of his being surety for them as afore- 
said, to be sued for in the name of the said executors, for the use 
of the United States." 

This motion was committed to a committee of the whole, and 
the subject was immediately taken up for consideration in com- 



568 HISTORY OF CONGRESS. 



CHAP. V. National Defence— Individual Claims. 1792. 



2d congress, mittee, occupying the 22d, 23d, and 24th, when the committee H. Journal, 

: — " reported the motion amended as follows: — P* 518 ~~" 

General 520 ' 

Greene. " The preamble as it has been already given. 

"Resolved — That the United States shall indemnify the estate 
of the said General Greene for the said sum, last mentioned, and 
the interest thereof, or for such sums, as, upon the investigation, 
by the officers of the treasury, of the transaction between John 
Banks and company, with Messrs. Newcomen and Collet, in 
which General Greene was security for the said Banks and com- 
pany, it shall appear that neither General Greene, nor his execu- 
tors, shall have received any payment or compensation for; 
Provided, the executors of the said General Greene shall account 
for a sum," &c. &c. 

The subject was then discussed, and, being undetermined, was id. p . 551, 
resumed on the 4th of April, when the previous question having 562 - 
been demanded, and it being decided that the main question 
should be put, the House adopted the resolution by the follow- 
ing vote: — 

Ayes — Messrs. Ames, Baldwin, Barnwell, Benson, S. Bourne, 
B. Bourne, Findley, Fitzsimons, Gerry, Gregg, Hartley, Heis- 
ter, Key, Kittera, Lawrance, Learned, Lee, Livermore, Muh- ' 
lenberg, Murray, Page, Sedgwick, Sheridan, William Smith, 
Sterrett, Thatcher, Vining, Wadsworth, Willis.— 29. 

Noes — Messrs. Ashe, Boudinot, Brown, Clarke, Giles, Gil- 
man, Goodhue, Gordon, Grove, Hillhouse, Jacobs, Kitchell, 
Macon, Moore, Niles, Seney, Jere. Smith, I. Smith, Steele, 
Sturges, Sumpter, Silvester, Tredwell, Ward, White, William- 
son.— 26. 

Messrs. Livermore, Page, and Barnwell, were then directed id. p. 563. 
to bring in a bill; and, on the following day, Mr. Livermore in- 
troduced a bill to indemnify the estate of the late Major General 
Nathaniel Greene for a certain bond entered into by him, for the 
public service, during the late war, which was then read the first 
time. On the 6th, the bill received the second reading, and a id. p. 564, 
motion was made to commit it to a committee of the whole on 565, 
the first Monday in August next. The question being taken 
on this motion, it was decided in the negative by the following 
vote: — 

Ayes — Messrs. Ashe, Clarke, Giles, Grove, Kitchell, Macon, 
Madison, Moore, Schoonmaker, Seney, Jere. Smith, Steele, 
Sturges, Sumpter, Tredwell, Venable, Williamson. — 17. 

Noes — Messrs. Ames, Baldwin, Barnwell, Benson, S. Bourne, 



HISTORY OF CONGRESS. 569 



Chap. V. National Defence— Individual Claims. 1792. 



2d congress. B. Bourne, Brown, Findley, Fitzsimons, Gerry, Gilman, Good- 

lst Session. ' ' J ' ' •" 7 

hue, Gordon, Gregg, Griffin, Hartley, Heister, Hillhouse, Hu- 
Greene. & er > Jacobs, Key, Kitlera, Lawrance, Learned, Lee, Livermore, 
Mercer, Muhlenberg, Murray, Niles, Page, Parker, Sedgwick,. 
Sheridan, I. Smith, William Smith, Sterrett, Silvester, Thatcher, 
Tucker, Vining, Wadsworth, Ward, White, Willis. — 45. 

The bill was then committed for the following Monday. In 
the mean time, a petition had been presented from Henry Hill, 
on behalf of himself and others, praying that in any indemnity 
which may be granted to the estate of the late Major General 
Greene, in consideration of his securityship, for the late firm 
of Hunter, Banks, and company, due regard may be had to the 
claims of the petitioners and other bona fide creditors of the said 
company. This petition was referred to Messrs. Findley, H.Joumal, 
Bourne, of Rhode Island, and Tucker. A report was made P- 562 - 571 ' 
by Mr. Findley, on the 10th, which was then referred to the 
committee of the whole house, on the bill to indemnify the es- 
tate of the late Major General Nathaniel Greene. On the 10th, Id. p. 572. 
the bill itself was taken up in committee of the whole, and several 
amendments were reported, which were agreed to by the House. 
The question, on the engrossment of the bill for the third reading, 
was then taken, and decided in the affirmative, as follows: — 

Ayes — Messrs. Ames, Baldwin, Barnwell, Benson, S. Bourne, 
B. Bourne, Findley, Fitzsimons, Gerry, Giles, Gordon, Gregg, 
Griffin, Hartley, Heister, Huger, Key, Kittera, Lawrance, 
Learned, Lee, Livermore, Madison, Mercer, Muhlenberg, Mur- 
ray, Page, Parker, Sedgwick, Sheridan, Wm. Smith, Sterrett, 
Thatcher, Venable, Vining, Wadsworth, Willis. — 37. 

Noes— Messrs. Ashe, Boudinot, Brown, Clarke, Goodhue, 
Grove, Hillhouse, Jacobs, Kitchell, Macon, Moore, Niles, 
Schoonmaker, Seney, Jere. Smith, I. Smith, Steele, Sturges, 
Sumpter, Tredwell, Ward, White, Williamson. — 23. 
Passed by On the 11th, the bill was taken up for the third reading, and 
House. t k e q Ues tion on its passage was determined in the affirmative, by 
the following vote: — 

Ayes — Messrs. Ames, Baldwin, Barnwell, Benson, S. Bourne, 
B. Bourne, Findley, Fitzsimons, Gerry, Giles, Gregg, Griffin, 
Hartley, Heister, Key, Kittera, Lawrance, Learned, Lee, Li- 
vermore, Madison, Mercer, Muhlenberg, Murray, Page, Par- 
ker, Wm. Smith, Sterrett, Thatcher, Venable, Vining, Wads- 
worth, Willis.— 33. 

Noes — Messrs. Ashe, Boudinot, Brown, Clarke, Goodhue, Id. p. 574. 
Gordon, Grove, Hillhouse, Jacobs, Kitchell, Macon, Moore, 
Vol. I.— 72 



570 HISTORY OF CONGRESS-. 



Chap. V. National Defence— Individual Claims. 1792. 



2d congress. Niles, Schoonmaker, Seney, Jere. Smith, I. Smith, Steele, 

1st Session. 

L Sturges, Sumpter, Tredwell, Ward, White, Williamson. — 24. 

Greene^ Tne bil1 was tnen sent to the Senate ? where, on the 11th and s. Journal, 
12th, the bill was read the first and second time, and referred to p * 424# 
Messrs. Izard, Cabot, Strong, Johnston, and Ellsworth. Mr. 
Amended Izard, on the 19th, reported amendments, which were considered Id. p. 429, 

by Senate. on n ie following day. It was then moved to amend the first pa- 430 * 
ragraph of the bill, conformably to the report of the committee, 
as follows: — 

" Be it enacted, by the Senate and House of Representa- 
tives of the United States of America, in Congress assem- 
bled — That the United States shall and will indemnify the estate 
of the late General Greene, for the sum of eight thousand six 
hundred and eighty-eight pounds, six shillings, sterling money, 
(being the amount due on the first of May, 1786, on a certain 
bond executed to Messrs. Newcomer, and Collet, by the said Ge- 
neral Greene, as surety for John Banks and company,) and the 
interest thereon: excepting therefrom a certain conditional bond, 
given in June, 1786, for about one thousand six hundred pounds 
sterling, (the same more or less,) being part of the aforesaid sum 
of eight thousand six hundred and eighty-eight pounds, six shil- 
lings, which was to be paid only in case the said General Greene 
should recover from the said Banks, or Banks and company, 
a sum sufficient for his indemnity."" 

And the question being taken on this motion, it was decided 
in the affirmative, by the following vote: — 

Yeas — Messrs. Bradley, Cabot, Carroll, Dickinso-n, Ellsworth, 
Few, Foster, Gunn, Hawkins, Henry, Izard, Johnston, Lang- 
don-, Morris, Read, Sherman, Stanton. — 17. 

Nays — Messrs. Monroe, Wingate. — 2. 

It was then further agreed to amend the first proviso, in con- 
formity to the report of the committee, as follows: — 

" Provided — It shall appear, upon due investigation by the of- 
ficers of the treasury, that the said General Greene, in his lifetime, 
or his executors, since his decease, have not been already indem- 
nified or compensated for the said sum of eight thousand six 
hundred and eighty-eight pounds, six shillings, except as afore- 
said." 

Passed by On the 23d, the bill, as amended, was read the third time, and id. p. 431. 
Senate. passed; and the amendments received, on the next day, the con- h. Journal, 
currence of the House of Representatives. P- 585 - 



HISTORY OF CONGRESS. 57 1 



Chap. V. National Defence— Individual Claims. 1792-93. 



2d congress. Connected with the settlement of General Greene's accounts, H. Journal, 

2d Session. m n fil5 

is the petition of James Warrington, attorney in fact of Joseph P* 010, - 

J AMES 

Warring- Blachford, surviving partner of Hervies and Blachford, late of 
T0V ' Charleston, praying that the sum of seven thousand and fifty-two 
dollars, and f#ths of a dollar, with interest, due from the United 
States to the estate of John Banks, deceased, may be applied to 
the discharge of a claim of the petitioner's constituents, against 
the estate of the late General Greene, on account of his security 
to them in behalf of the said Banks, on a contract to supply the 
late southern army with provisions. On the 12th of November, Id. p. 618. 

1792, this petition was referred to Messrs. Giles, Livermore, 

and Findley. Mr. Giles made a report on the 1st of February, id. p. 688. 

1793, which was considered on the 20th, when, the following re- * 
solution was adopted: — 

"Resolved — That the accounting officers of the treasury cause 
the sum of nine thousand seven hundred and sixty-eight dollars 
and ninety cents, charged to John Banks on the 31st day of De- 
cember, 1783, to be credited to the said John Banks, and that 
the sum so credited be charged to the account of such other per- 
son as, in their opinion, shall be justly chargeable therewith." 

Messrs. Giles, Livermore, and Fitzsimons, were then directed 
to bring in a bill. A bill was introduced by Mr. Giles on the 
21st, which was read the first and second time, and committed, id. p. 711. 
The bill was considered in committee on the 27th, when an id. p.721, 
amendment was reported, and agreed to, and the bill was ordered 722. 
to be engrossed for the third reading; and, on the following day, 
the bill was read the third time, and passed. In the Senate, the 
bill was read the first and second time, on the 28th of February, s< journal, 
and the 1st of March, and was committed to Messrs. Ellsworth, p-498.500. 
Butler, and Cabot. Mr. Ellsworth reported on the 2d, that the id. p . 502. 
committee be discharged, and the report was agreed to. 

The petition was then referred to the secretary of the trea- 
Postponed, sury, and the further consideration of the bill was postponed till 
the next session of Congress. 



ist congress. A memorial was presented to the House of Representatives 1790. 

2d Session. * r . 

"7 on the 10th of March, 1790, from Anthony Walton White, late h. Journal, 

Walton colonel of the first regiment of dragoons in the service of the P 1 72.174. 



White. 



United States during the late war, praying to be reimbursed for 
moneys advanced for the support of the said first regiment, 
which memorial was referred to the secretary of war, with in- 



572 HISTORY OF CONGRESS. 



Chap. V. National Defence— Individual Claims. 1790. 



1st congress, struction to examine, and report to the House. The report of 

2d Session. * r 

the secretary was laid before the House on the 1st of July; and, H. Journal, 
Walton^ on tne next c ^ av > was re f erre d to Messrs. Baldwin, Steele, and p ' ' 
White. Foster. Mr. Baldwin made a report on the 16th, which was Id. p. 256. 

• 271 

considered on the 20th, when the petition was again referred to Id ' 275 

the war department for a more particular report. 

3d Session. On the 21st of February, 1791, a second report was received 1791. 
from the secretary, which was ordered to lie on the table. It H. Journal, 
was not taken up for consideration during that session. But in P-° 85, 

2d congress. \fo e fi rs t session of the second Congress, on the 5th of April, 1792-93. 

1st Session. ° ' r i 

1792, the report was considered, when so much of the report be- H. Journal, 
ing read as proposes " That the sum of one hundred and fifty p 
thousand dollars, paper currency, advanced by the memorialist 
for the support of his regiment of cavalry, during the late war, 
should be passed to the credit of the memorialist, at its specie 
value, on the final settlement of his public accounts, either with 
the state of Virginia, or the United States," it was ordered that 
this be referred to Messrs. Boudinot, Moore, and Sumpter, with 
instruction to report a bill; and, on the 18th of April, Mr. Bou- id. p. 580. 
dinot presented a bill for settling the demands of Anthony Wal- 
ton White against the United States, which was then read the 
first time, and, on the next day, received the second reading, and id. p. 581. 
was committed to a committee of the whole house. This bill 
was considered in committee on the 4th of May, and being re- id. p. 597. 
ported without amendment, was ordered to be engrossed for the 
third reading. The bill was read the third time on the 5th, and id, p. 599. 
the question on its passage was determined in the affirmative by 
the following vote: — 

Ayes — Messrs. Baldwin, Barnwell, Benson, Boudinot, B. 
Bourne, Clarke, Dayton, Fitzsimons, Gilman, Gordon, Gregg, 
Griffin, Huger, Kitchell, Lawrance, Lee, Livermore, Muhlen- 
berg, Murray, Page, Parker, Seney, Wm. Smith, Sterrett, 
Sturges, Silvester, Tucker, Vining, Ward, Willis. — 30. 

Noes — Messrs. Ames, Ashe, S. Bourne, Gerry, Giles, Good- 
hue, Grove, Heistcr, Hillhouse, Jacobs, Key, Macon, Niles, 
Schoonmaker, Jere. Smith, I. Smith, Steele, Sumpter, Thatcher, 
Tredvvell, Venable, White, Williamson. — 23. 

The bill was then sent to the Senate, where it was read the s. Journal, 
first time, and then its further consideration was postponed un- V- 4S9 - 
til the next session of Congress. 

2d session. 0n tho 9tn °^ November, the Senate appointed Messrs. Ru- id. p. 457. 
therford, Sherman, and Wingate, a committee to bring in a bill 



HISTORY OF CONGRESS. 573 



Chap. V. National Defence— Individual Claims. 1703. 



2d congress, authorizing the settlement of the demands of Anthony White 

2d Session. ° J 

Walton against the United States; and, on the 21st of February, S. Journal, 
1793, a bill was reported by Mr. Rutherford, which was read p * 
the first time on the 22d. On the following day, it was read the id. p. 496. 
second time. The question to agree to the enacting clause of 
the bill was then decided in the negative, and the bill was or- 
dered to the third reading. On the 27th, the bill having been 
taken up for the third reading, it was ordered that the further 
Postponed, consideration be postponed. The bill was not again taken up 
during this session. 



ist congress. A petition of Comfort Sands, and others, was presented to 1791. 

3d ^e^sion — 

— '— the House of Representatives on the 20th of January, 1791, h. Journal, 

Petition of praying that the proceedings of the former Congress, upon a P- 358 - 
Sa^ds and c ^ m °f tne petitioners against the United States, might now be 
others, confirmed, and payment of the claim granted to them. The pe- 
tition was referred to the secretary of the treasury. A letter and 
report from the secretary of the treasury, on this subject, were 
laid before the House on the 25th of February, and referred to id. p. 391. 
Messrs. Sedgwick, Williamson, and Benson, and, on the next 393 - 
day, Mr. Sedgwick made a report, which was ordered to lie on 
the table. 



2d congress. At the next Congress, on the 21st of December, the considera- 1791-92. 
' • tion of this report was made the order for the following Friday; H. Journal, 
and, on the last mentioned day, the report was referred to Messrs. p ' ' 
Benson, Gregg, and Venable. From this committee, Mr. Ben- 

[H.B.190.] son, on the 27th of April following, presented a bill to confirm an id. p. 591, 
award of referees between the United States and certain con- 
tractors, for furnishing supplies of provisions to the army during 
the late war, which was then read the first and second time, and 
committed to a committee of the whole house. The bill was 
considered in committee of the whole on the 1st of May, and Id. p. 594, 
an amendment was reported, which was agreed to by the house, * 
when the bill was ordered to be engrossed for the third reading. 
On the 2d, the bill was read the third time, and, on the question 
of its passage, the vote stood as follows: — 

Ayes — Messrs. Ames, Barnwell, Benson, S. Bourne, B. 
Bourne, Fitzsimons, Goodhue, Gordon, Hillhouse, Lawrance, 
Learned, Livermore, Page, Schoonmaker, Jere. Smith, I. Smith, 
Wm. Smith, Sterrett, Sturges, Silvester, Thatcher, Tucker, Vi- 
ning,Wadsworth, Ward. — 25. 



574 HISTORY OF CONGRESS. 



Chap. V. National Defence— Individual Claims. 1792. 



2d congress. Noes — Messrs. Ashe, Baldwin, Brown, Clarke, Dayton, Giles, 

1st Sessio n. _._..__. ' J ' 9 

Gilman, Gregg, Grove, Heister, Key, Kitchell, Lee, Macon, 

Madison, Moore, Muhlenberg, Murray, Niles, Parker, Seney, 

Sheridan, Steele, Sumpter, Venable, White, Williamson. — 27. 

Bill reject- The bill was thus rejected, 
ed. 



ist congress. On the 6th of April, 1790, a petition was presented to the 1790. 

3d Session 



Hender 
SON. 



House of Representatives from Joseph Henderson, praying com- H. Journal, 
Joseph pensation for services rendered to the United States, during the p> 189, 
late war, as a paymaster in the navy. This petition was referred 
to the secretary of the treasury, with instruction to him to exa- 
mine the same, and report his opinion to the House, 



2d congress. There appears to have been no report from the treasury de- 1792-93. 

1st Session. .■ . . . .11 /» * «i 

partment on the subject of this petition until the 30th of April, h. Journal, 

1792, in the first session of the second Congress; and this report P* 592, 
was not acted on during that session. 

2d session. On the 20th of November, at the second session of this Con- id. p. 622. 
gress, it was moved that there be allowed to Joseph Henderson, 
• per annum, in compensation for his services as naval 

paymaster to the navy board, for the Eastern department, from 

the 5th day of August, 1778, to , 1782. It was then 

ordered that this motion, and the report of the secretary of the 
treasury on this case, be committed to a committee of the whole 
house. The subject was taken up, in committee, on the 22d; Id. p. 625. 
but no report being made, the committee of the whole were dis- 
charged from the further consideration of the matter, and it was 
referred to Messrs. Ames, B. Bourne, and Clarke. Mr. Ames 
made a report on the 2d of January, 1793, which was commit- id. p. 660, 
ted to a committee of the whole. On the 18th, the committee ff 1 ^ 
of the whole reported their disagreement to the report of the spe- 
cial committee; but the House refused to confirm this decision, 
and amended the resolution of the committee of the whole, to 
read as follows: — 

"Resolved — That there be allowed to Joseph Henderson a 
yearly salary of one hundred dollars, for his services as paymas- 
ter to the navy board for the Eastern department, from the 10th 
day of August, 1778, to the 10th day of August, 1782, being 
four years; and that the officers of the treasury be authorized to 



Id. p. 675. 



HISTORY OF CONGRESS. 575 



CaAP. V. National Defence— Individual Claims. 1793. 



m confess p ass the same to his credit, and to settle his account accord- 
2dSe8sTo "-' ingly." 

In this form, the resolution was adopted, and Messrs. Ames, h. Journal, 
B. Bourne, and Clarke, were directed to bring in a bill. Mr. P- 676# 
Ames reported a bill on the 25th, which was then read the first u. p . 692. 
and second time, and committed to a committee of the whole 
house. On the 5th of February, this bill underwent the exami- 
nation of the committee, and, being reported without amend- 
ment, was engrossed for the third reading. The bill was read 
Bill passed, the third time, and passed, on the following day. In the Senate, 

the bill received the first and second reading, on the 6th and 7th, g, journal, 
and was referred to Messrs. Ellsworth, Gunn, Sherman, Strong, p-480,481. 
and Wingate. Mr. Ellsworth reported on the 15th, and the 
bill was read the third time, and passed on the following day. 



ist congress. Oct the 14th of April, 1790, at the second session of the first 1790. 

— — Congress, a petition was presented from Henry Emanuel Lutter- h. Journal, 

Hejjrt loh r praying to be allowed the pay and emoluments of a colonel, P- 193, 22 °- 
Emanuel j q cons ici era tion of military services rendered to the United 

Lutter- * 

eoh. States during the war. This petition was referred to the secre- 
tary of war. A report from the secretary was received on the 
20th of May, which was referred to a committee, and their re- 
port was taken up on the 2d of August, and disagreed to, and id. p. 286* 
the petitioner had leave granted him to withdraw his petition. 28 ^ 

3d ses3ion. At the third session of this Congress, on the 15th of December, I( j p 33^ 
a petition was presented to the House from the same individual, 
praying that Iris memorial might be reconsidered ; and the peti- 
tion was rejected. 



2d congress. Another petition from this petitioner was presented to the 1791. 

1st session 



House, on the 7th of December, 1791, at the first session of the h. Journal* 
second Congress; and the petition was referred to Messrs. Grove, P- 469,470. 
Schoonmaker, and Bourne, of Rhode Island. Mr. Grove made 
a report from this committee, on the 8th of May, but there was I( j. p. 604, 
no action on the report during this session. 

2d session. But, at the second session of this Congress, on the 22d of Ja- 1793. 

nuary, 1793, the report was taken up for consideration, and the h. Journal* 
House adopted the following resolution : — P- 677 ' 

" Resolved — That the accounting officers of the treasury cause 



576 HISTORY OF CONGRESS. 



Chap. V. National Defence— Individual Claims. 1793. 



2d congress, the account of Colonel Henry Emanuel Lutterloh, for his travel- 

2d Session. . . . 

ling and passage expenses, incurred in coming to America, and 

joining the army of the United States, in 1777, being seven hun- 
dred and forty-six dollars, to be settled, and the amount thereof 
to be paid out of the treasury of the United States." 

It was then ordered that the same committee prepare and 
bring in a bill; and on the 31st, Mr. Grove, from this committee, H. Journal, 
Bill. introduced a bill, which was then read the first and second time, p " 687 ' 
and committed to a committee of the whole house. The bill 
was considered in committee, on the 5th of February, and no id. p. 691. 
amendment being reported, was ordered to be engrossed for the 
third reading. The bill was passed on the 6th, and sent to the Id. p. 692. 
Senate, where, on the 6th and 7th, it was read the first and se- S. Journal, 
cond time, and committed to Messrs. Ellsworth, Gunn, Sherman, p * ■ 
Strong, and Wingate. Mr. Ellsworth made a report from this 
Rejected, committee on the 15th, and the bill was then rejected. Id. p. 487. 



2d congress. Off the 29th of November, 1791, a petition was presented to 1791. 
~T^ — " the House of Representatives, from Thomas Wishart, praying h. Journal, 
Wishart. the settlement of his account for services as a captain in the late p * 46j * 

army of the United States. The petition was referred to the 

secretary of war. 

sd session. A petition was presented from the same individual at the next 1793. 

session of this Congress, to which the same reference was given, h. Journal, 
On the 22d of January, 1793, a report was received from the P- 671 - 
secretary of war; and this report was, on the following day, re- 678. 
ferred to Messrs. Parker, Gordon, and Ashe. Mr. Parker made 
a report on the 25th, which was taken up by the House for con- Id. p. 680, 
sideration on the 29th, when the House came to the following re- 
solution: — 

"Resolved — That Thomas Wishart is entitled to the pay of a Id. p. 685, 
lieutenant in the army of the United Slates, from the 15th of 
November, 1776, until the fifteenth of October, 1781, and that 
the comptroller of the treasury be authorized to settle and ad- 
just the account of the said Thomas Wishart, accordingly. 

It was then ordered that Messrs. Parker, Gordon, and Ashe, 
bring in a bill. Mr. Parker, on the 31st, presented a bill to au- id. p. 687. 
thorize the comptroller to settle the account of Thomas Wish- 
art, late a lieutenant in the army of the United States. The id. p. 689, 
bill was, on the 5th of February, considered in committee, re- 692, 



HISTORY OF CONGRESS. 577 



CHAP. V. National Defence— Individual Claims. 1793. 



2d congress, ported without amendment, and oFdered to be engrossed for the g. journal, 
— third reading. And, on the 6th, the bill was passed, and sent to p.480,481. 

the Senate, where, on the same day, and the next, the bill was id. p. 489. 
Bill passed, read the first and second time, and committed to Messrs. Ells- H. Journal, 

worth, Gunn, Sherman, Strong, and Wingate ; and, on the 19th, p * 

the bill was passed, with an amendment. The amendment waa 

agreed to by the House of Representatives. 



2d congress. On the 7th of December, 1791, a petition of Eliiah Bostwick 1791—03. 

1st Session, 7 . . . 

~ was presented to the House of Representatives, praying to be reim- H. Journal, 

Bostwick. bursed the amount of certain costs of suit, which he had been com- p " 

pelled to pay, for supplies purchased to the army of the United 

States, during the late war. This petition was referred to Messrs. 

Silvester, Key, and Grove. No report was made during the session. 
A like petition was presented from the same individual, at the 

next session, on the 4th of December, 1792, which was referred id. p. 632. 

to the same committee. Mr. Silvester made a report on the 

14th of January, 1793, which was taken up for consideration on Id. p. 693. 

the 6th of February, when the following resolution was adopted :— 

" Resolved — That there be allowed and paid to the said Elijah 
Bostwick, the sum of fifty-eight pounds, three shillings, and four 
pence, current money of New York, being the amount of eosta 
which he incurred in defending a suit commenced against him 
as agent to the deputy commissary general of the northern de- 
partment, on public account." 

Messrs. Silvester, Key, and Grove, were then directed to bring 
in a bill. On the 8th, Mr. Silvester introduced a bill, for the re- id. p. 693, 
lief of Elijah Bostwick, which was then read the first and se- 
cond time, and committed to a committee of the whole house. 
The bill was considered in committee on the 12th, when an id. p. 700, 
amendment was reported, and the bill was ordered to the third 701i 
reading. And, on the next day, the bill, as amended, was read 
the third time, and passed. In the Senate, the bill was read the 
first and second time on the 14th and 15th, and was committed g. Journal, 
to Messrs. Ellsworth, Gunn, Sherman, Strong, and Wingate- P- 486 > 48:r < 
Mr. Ellsworth reported on the 25th, and on the 28th the report Id. p. 494. 
was considered. A motion that the report of the committee of id. p. 498, 
the House of Representatives be read, and also another motion 499 ' 
to agree to that report and report the bill, were successively de- 
cided in the negative, and the bill was then ordered to the third Id. p. BOO. 
Billpassed. reading. On the following day, the bill was passed. 
Vol. L— -73 



578 HISTORY OF CONGRESS. 



Chap.V. National Defence— Individual Claims. 1791. 



1st congress. A petition of Simeon Thayre was presented to the House on H. Journal, 
^ !?= - the 30th of December, 1790, praying to be placed on the list of p> 346 * 
Thayre. pensioners, in consideration of a wound received in the service 

of the United States during the late war. The petition was re- Id. p. 393. 

ferred to the secretary of war. A report was received from the 

secretary on the 26th of February, 1791. 



m congress. This report was, on the 17th of December, 1792, ordered to 1792-93. 

2d Session. . . 

be committed to a committee of the whole house; and, on the h. Journal, 
6th of February, 1793, the report was considered in committee, P- 650, 
and the House adopted the following resolution : — ' p * °* 

" Resolved — That Simeon Thayre, late a major in the army 
of the United States, who was disabled at the battle of Mon- 
mouth, be placed on the pension list of the United States : that 
he be allowed the half pay of a major, from the first of Janua- 
ry, 1781, provided he return his commutation of half pay, with 
the interest thereon." 

Messrs. B. Bourne, Gilman, and I. Smith, were then directed to 
prepare and bring in a bill. On the 7th, Mr. Bourne presented Id. p. 695. 
a bill for the relief of Simeon Thayre, which was read the first 
and second time, and committed to a committee of the whole 
house. The bill was considered in committee on the 9th, and id. p. 698, 
an amendment was reported, which was agreed to by the House, ""• 
and the bill was ordered to be engrossed for the third reading. 
On the following day the bill was read the third time, and 
passed. This bill was read the first and second time in the Se- 
nate, on the 11th and 12th, and was committed to Messrs. Ells- s. Journal, 
worth, Gunn, Sherman, Strong, and Wingate. -The bill was P- 483 » 484 - 
amended on the first of March, and ordered to the third read- id. p. 501. 
ing, and, on the next day, the bill was read the third time. An id. p. 502. 
unsuccessful motion was then made to postpone the consideration 
Billpassed. of the bill to the next session of Congress. The question to con- 
cur in the bill as amended, was then decided in the affirmative, 
by the following vote. 

Yeas — Messrs. Bassett, Burr, Dickinson, Edwards, Few, Fos- 
ter, Gunn, Henry, Johnston, Izard, Monroe, Morris, Potts, 
Read, Rutherford, Stanton, Taylor. — 17. 

Nays — Messrs. Brown, Butler, Cabot, Ellsworth, Hawkins, 
King, Sherman. — 7. 

On the same day, the consideration of the amendment came id. p. 732, 
on in the House of Representatives, when the question to agree '° 3, 



HISTORY OF CONGRESS. 579 



Chap. V. National Defence— Individual Claims. 1793. 



2dCon g re89. to the same, was decided in the negative, by the following 

'id Session. o • o 

vote: — 

Ayes — Messrs. Ames, Barnwell, Benson, S. Bourne, B. 
Bourne, Oilman, Gregg, Hartley, Lawrance, Lee, Livermore, 
Parker, Sedgwick, Wm. Smith, Thatcher, Tredwell, Willis. — 17. 

Noes — Messrs. Boudinot, Clarke, Findley, Fitzsimons, Green- 
up, Grove, Heister, Kitchell, Macon, Madison, Moore, Muh- 
lenberg, Murray, Niles, Orr, Silvester, Jere. Smith, Steele, 
Sturges, Sumpter, Williamson. — 21. 

The Senate then receded from their amendment. 



2d congress. A petition was presented to the House of Representatives on 1792-93. 

1st Session , 

the 11th of April, 1792, from Ephraim Kimberty, praying per- h. Journal, 

E. Kim- mission to locate a warrant, received from the board of war, for p- 574. 
bbrtt. f_h ree hundred acres of western land, on the range of Indian id. p. 668. 

Short Creek, on the bank of the river Ohio. At the next ses- 
2d Session, sion, on the 12th of January, 1793, this petition was referred to Id. p. 705. 
Messrs. Hillhouse, Findley, and Greenup. On the 18th of Fe- 
bruary, Mr. Hillhouse made a report, and the House adopted 
the following resolution: — 

"Resolved — That the petitioner be permitted to locate the 
land warrant, issued in his name, for his services in the late army, 
upon the land which he now occupies: Provided — He do not 
cover any landholders, under any grant or survey of the United 
States, heretofore made." 

It was then ordered, that Messrs. Hillhouse, Findley, and 
Bill com- Greenup, bring in a bill. The bill was reported on the 28th, id. p . 723. 

mitted. when it was read the first and second time, and committed to a 
Not acted committee of the whole house for that day. But it was not af- 

on - terwards acted on. 



2dCongress. On the 24th of January, 1792, a petition was presented to the 1792. 
- — ^^- House of Representatives from Charles Garanger, in behalf of H Journa i 

Charles bimself and his brother, Lewis Garanger, praying compensation p- 495. 
and Lewis for services rendered during the late war, which was referred to id. p. 587. 

abanger. jyj essrs> Dayton, Williamson, and Smith, of South Carolina. 
A report was made from this committee on the 26th of April. 

2d session. This report was not taken up until the next session, when it id. p. 628, 
was committed, on the 27th of November, to a committee of 63 ° 



580 HISTORY OF CONGRESS. 



Chap. V. National Defence— Individual Claims. 1792-93. 



sd congress, the whole house; and, on the 29th, it was considered, and the 

2d Session. - . . 7 

House passed the following resolution: — 

"Resolved — That the comptroller of the treasury be empow- 
ered and directed to adjust and settle the accounts of Lewis Ga- 
ranger, as a captain of artillery, from the 29th of September, 
1780, until the establishment of the peace." 

Messrs. Madison, Williamson, and Wm. Smith, were direct- h. Journal, 
ed to prepare and bring in a bill. A bill was introduced on the P* 634, 
6th of December, which was read the first and second time, and 
committed. On the 1st of January, 1793, the bill was consi- id. p. 660. 
dered in committee, and reported with an amendment, which 
was agreed to, and the bill was ordered to be read the third time. 
On the following day the bill was passed, and sent to the Se- s. Journal, 
nate, where it was read the first and second time on the 2d and P" 46 ^' 
3d, when the petition and papers were referred to the secretary 
of war. On the 21st, a report was received from the war de- Id. p. 472. 
partment, and, with the bill, was referred to Messrs. Sherman, 
Hawkins, and Brown. This committee, on the 4th of February, id. p. 478. 
Bill reject- reported a state of facts, and the- bill was amended, and ordered 
ed ' to the third reading. On the 9th, the bill was rejected. 

Further petitions from this petitioner were presented to the 
Senate on the 11th of February, and to the House of Represent- id. p. 483. 
atives on the 12th. The latter was referred to the secretary of the h. Journal, 
treasury, whose report was received on the 2d of March, and P- 700.730. 
was not acted on. 



m congress. The bills, in the following cases, originated in the Senate. 1789-90. 

1st Session. 



Baiion de 

Glau- 

BIW'K, 



A petition was presented to the House of Representatives, on h. Journal, 
the 15th of May, 1789, from Baron de Glaubeeck, praying the P* 35, 65 * 
consideration of Congress, for certain losses and military ser- 
8d session, vices during the late war. On the 23d of July, 1790, a second id. p. 67. 
petition from this individual was presented, praying the atten- 
tion of Congress to his former petition. These petitions were, 
on the 28th, referred to Messrs. Page, Sumpter, and Heister; Id. p. 116. 
and, on the 31st, Mr. Page made a report, which was considered 
on the 21st of September, when the following resolution was 
passed : — 

" Resolved — That the Baron de Glaubeeck be allowed the pay 
of a captain, while he commanded the legionary corps in the 
state of North Carolina; to wit: from the 9th day of March, 1781 , 
io the 24th day of August, 1782, having undertaken the command 



HISTORY OF CONGRESS. 581 



CHIP. V. National Defence— Individual Claims. 1790. 



1st congress, thereof at the request and by order of the commander-in-chief 

2d Session. x * 

of the southern army. 

This resolution was sent to the Senate, where it was con- S. Journal, 
curred in on the 24th, and referred to Messrs. Izard, Gray- p * 86> 87 ' 
son, and Carroll, with instruction to bring in a bill. A bill was 
reported on the same day, and read the first time, and was read id. p. 91. 
the second and third time on the 29th, and was passed. On the 94, 
Billpassed. same day, the bill passed through all its stages in the House of 
Representatives, as it was the last day of the session. 



2d congress. On the 18th of February, 1793, Mr. Monroe submitted the 1793. 

: — — following resolution to the Senate for consideration:— ~~" ~~~ 

General " Resolved — That the secretary of the treasury be instructed s. Journal, 
CEB ' to revise the account of the pension granted by Congress for the P- 489, 
education and board of Hugh Mercer, son of the late General 
Mercer, from its date to the present period, and correct any 
error which may have taken place therein, paying all arrearages, 
if any, now due: and that he likewise pay, hereafter, without ac- 
count, annually, and until his education shall be completed, for 
that purpose, to the guardian of the said Hugh, the sum of four 
hundred dollars." 

This motion was, on the 19th, referred to Messrs. Monroe, id. p. 494. 
Ellsworth, and Butler. From this committee, Mr. Monroe, on 
the 25th, reported a bill, which was then read the first time, and id. p. 496. 
on the 27th was read the second and third time, and passed, 
with the title " An act providing an annual allowance for the 
education of Hugh Mercer." The bill having received the first 
reading in the House of Representatives on the same day, met h. Journal, 
with opposition, and the question, u Shall the said bill be reject- P- 72 °* 
ed?" was then put and decided in the negative. The bill was 
then read the second time, and committed to a committee of the 
whole house: and, on the 1st of March, the bill was considered id. p. 725. 
in committee, and was reported without amendment. The bill 
Billpassed. was then read the third time, and passed. 

Ebehezer At the first session of the second Congress, on the 27th of 1792-93. 
Stoher. March, 1792, Mr. Cabot presented to the Senate a resolution s . journal, 
of the legislature of Massachusetts, on the petition of Charles P« 417 - 
Knowles and others, late regimental paymasters and agents of 
that state's quota of the continental army, which was referred to 
the secretary of war. On the 27th of February, 1793, the se- id. p. 497. 

500. 



582 HISTORY OF CONGRESS. 



Chap. V. National Defence— St. Clair's Defeat. 1793. 



2d congress, cretary of war made a report to the Senate on the subject, which 

was referred to Messrs. Cabot, Ellsworth, and Monroe; and, on 

the 1st of March, Mr. Cabot, from this committee, reported a 
bill which then went through all the various readings, and was 
passed, with the title "An act providing for the compensation 
of Ebenezer Storer." In the House of Representatives, the bill H. Journal, 
was read the first and second time on the same day, and was com- p * 
mitted to a committee of the whole house. The bill was consi- 
dered the next day in committee of the whole, and was report- u. p# 733, 
ed without amendment. It was then ordered that the further 
Bill post- consideration of the bill be postponed till the next session of 
P° ned> Congress. 



2d congress. The following message was communicated by the President 1791-92, 

1st Session 



7- of the United States, to the two houses of Congress, on the 12th h. Journal, 
Defeat, of December, 1791. p. 471. 

" United States, December 12, 1791. 
" Gentlemen of the Senate, and of the House of Represent- 
atives: — 

Messae-eof "^ * s w * tn g reat concern, that I communicate to you the in- 
President. formation received from Major General St. Clair, of the misfor- 
tune which has befallen the troops under his command. 

" Although the national loss is considerable, according to the 
state of the event, yet it may be repaired without great difficulty, 
excepting as to the brave men who have fallen on the occasion, 
and who are a subject of public as well as private regret. 

"A further communication will shortly be made of all such 
matters as shall be necessary to enable the legislature to judge 
of the future measures which it may be proper to pursue. 

" George Washington." 

On the 27th of March, 1792, it was moved that the House do id.p.551, 
come to the following resolution: — 552 « 

Motion for " Resolved — That the President of the United States be re- 
inquiry by quested to institute an inquiry into the causes of the defeat of the 
army under the command of Major General St. Clair; and, also, 
into the causes of the detentions or delays which are suggested 
to have attended the money, clothing, provisions, and military 
stores, for the use of the said army, and into such other causes 
as may in any manner have been productive of the said defeat." 

A division of the question being demanded, the question was 
taken on agreeing to the first clause of the resolution, ending 



HISTORY OF CONGRESS. 583 



Chap. V. National Defence— St. Clair's Defeat. 1792. 



2d congress, with the words " St. Clair," and was decided in the negative, as 

lBt Session. 

; follows: — 
defeat^ Ayes— Messrs. Ashe, Boudinot, Clarke, Findley, Giles, Good- 
hue, Heister, Kitchell, Lee, Macon, Page, Parker, Schoonmaker, 
Seney, Sumpter, Silvester, Thatcher, Tredwell, Venable, Ward, 
Willis.— 21. 

Noes — Messrs. Ames, Baldwin, Barnwell, Benson, S. Bourne, 
B. Bourne, Brown, Fitzsimons, Gilman, Gordon, Gregg, Griffin, 
Grove, Hartley, Hillhouse, Huger, Key, Learned, Livermore, 
Madison, Mercer, Moore, Muhlenberg, Murray, Niles, Sedg- 
wick, Jere. Smith, I. Smith, William Smith, Steele, Sterrett, 
Sturges, Vining, White, Williamson. — 35. 

Negatived. The motion was therefore rejected. It was then moved that 
the House do come to the following resolution: — 

Motion for " Resolved — That a committee be appointed to inquire into h. Journal, 

inquiry by the causes f t h e failure of the late expedition under Major Ge- P- 552 ' 
Congress r J 

adopted, neral St. Clair; and that the said committee be empowered to 

call for such persons, papers, and records, as may be necessary to 

assist their inquiries." 

And the question on this motion being put, it was decided in 
the affirmative by the following vote: — 

Jlyes — Messrs. Ashe, Baldwin, S. Bourne, B. Bourne, Brown, 
Clarke, Findley, Fitzsimons, Giles, Gilman, Gordon, Gregg, 
Griffin, Grove, Hartley, Heister, Huger, Key, Kitchell, Kittera, 
Lee, Livermore, Macon, Madison, Mercer, Moore, Muhlenberg, 
Murray, Niles, Parker, Sedgwick, Seney, Jere. Smith, Steele, 
Sterrett, Sturges, Silvester, Tredwell, Tucker, Vining, Ward, 
White, Williamson, Willis. — 44. 

Noes — Messrs. Ames, Barnwell, Benson, Goodhue, Hillhouse, 
Page, Schoonmaker, I. Smith, Wm. Smith, Sumpter. — 10. 

It was then ordered that Messrs. Fitzsimons, Giles, Steele, 
Mercer, Vining, Clarke, and Sedgwick, be appointed the said 
committee. 

On the 4th of April, the House, on motion, adopted the fol- id. p. 561, 
lowing resolution: — 

Call on " Resolved — That the President of the United States be re- 

for^tnfor- ( l uested t0 cause tne P r °per officers to lay before this House such 

mation. papers of a public nature, in the executive department, as may 

be necessary to the investigation of the causes of the failure of 

the late expedition under Major General St. Clair." 
Committee . 

to wait on It was then ordered that Messrs. Fitzsimons, Giles, and Steele, 
President. 



584 HISTORY OF CONGRESS. 



Chap. V. National Defence— St. Clair's Defeat. 1792. 



2d congress, be appointed a committee to wait on the President of the United 

]st Session. rr . . 

States, with the foregoing resolution. 

defeat 1 *" 1 ' 3 ^ n ^ e 10t ^ °f April, Mr- Gerry was appointed on the com- H. Journal, 

mittee of inquiry in the room of Mr. Sedgwick; and, on the 12th, P- 5 * 1 - 5 "* 

Mr. Findley was appointed in the room of Mr. Gerry. Mr. 

Fitzsimons made a report on the subject, on the 8th of May, id. p. 605. 

when the House adopted a resolution to proceed, early in the 

Report next session, to take the said report into consideration, and or- 

postponed. dered one hundred copies of the report to be printed for the use 

of the members of the House. 

2d session. Soon after the reassembling of Congress, on the 7th of Novem- id. p . 614. 
Report ber, 1792, the report of the committee was referred to a com- 619 » 

committed. m j^ ee f ^ e w hole house; and, on the 13th, on motion, the House 
came to the following resolutions : — 

Calls forin- " Resolved — That the committee of the whole house, to whom 

formation. [ s referred the report of the committee appointed to inquire into 
the causes of the failure of the expedition under Major General 
St. Clair, be empowered to send for persons, papers, and records, 
for their information. 

" Resolved — That the secretary of the treasury be directed to 
cause to be laid before this House a statement of the several dis- 
bursements of money made by the department of war, in the 
years 1790 and 1791/' 

Docu- On the 14th, the speaker laid before the House a letter from id. p . 620. 

mentscom- ttie secretary of war, together with a memorial of Samuel Hodg- 

municated. *' ° 

don, late quarter master general to the army, respectively pray- 
ing that they may be heard, and permitted to give information 
and explanations as to the causes of the failure of the expedition ; 
and then the order for the House to go into committee on the 
subject being called for, it was moved that the committee of the 
whole be discharged from the consideration thereof; and that the 
report, with all the documents, including those now presented, 
be recommitted to Messrs. Fitzsimons, Giles, Steele, Clarke, and 

Subject re- Findley. This motion was agreed to, and the whole subject was 

committed, recommitted. 

Mr. Giles, from this committee, made a revisionary report on 
the 15th of February, 1793 ; and this report was committed to a 1793. 
committee of the whole house, for the following Wednesday. But H j ourna j f 
the report was not again taken up for consideration during the P- 704. 
session. 

On the 2d of March, the House, on motion, adopted the fol- id. p. 733. 
lowing resolution : — 



HISTORY OF CONGRESS. 585 



Cbxp. V. National Defence— St. Clair's Defeat. 1793. 



2d congress. " Resolved — That the sum of one dollar per day be allowed to 

2d Session. . 

~rrj the witnesses who attended the committee appointed to inquire 
defeat. m *° the causes of the failure of the expedition under General 
Pay of wit- St. Clair, for the time they attended, by order of the committee f 
nesses * and the sum of one hundred and fifty dollars to the clerk em- 
ployed by them, for his services, to be paid by the clerk of this 
House, and charged to the account of contingent expenses." 

The following order was also adopted by the House. 
Copying " Ordered — That the clerk of this House be directed to suffer h. Journal, 
o papers. suc ^ p ersons as have given in statements of their public conduct P- 734 - 
to the committee appointed to inquire into the causes of the 
failure of the expedition under General St. Clair, to take copies 
of all, or any such statements." 



2d congress. On the 25th of January, 1792, the House of Representatives 1792. 



adopted the following resolution : — 
Resolution "Resolved — That the President of the United States be re* h. Journal, 
inPennsvl- 9 ues * ;e ^ *° caus e to be laid before this House copies of the offi- P- 49 ' r - 
vania. cial communications which have taken place between the go- 
vernor of the state of Pennsylvania^ and the secretary of war, 
with respect to the raising of troops within and under the direc^ 
tion of the said state." 

Messrs. Dayton, Smith, of South Carolina, and Brown, were 
appointed a committee to wait on the President with the reso- 
lution. 

The reference to this resolution does not appear on the Jour- 
nal. 



Vol. L— -74 



586 HISTORY OF CONGRESS. 



Chap. TI. Navigation, Commerce, Trade, &c. 1789. 



1st Congress. 
1st Session. 



CHAPTER VI. 

Encouragement of Navigation — Light-House Bill — Light-House in Charleston 
Harbour, and at Sandy Hook, ceded — Bills to erect and finish Light-Houses 
at Portland Head, Montuk Point, and Bald Head — Registering and clearing Ves- 
sels — Enrolling, licensing, and recording Ships — Responsibility of Freighters — 
Obstructions by Ice — Protection of Fisheries — Seamen in Merchants' Service 
— Exportation of Goods not duly inspected — New Hampshire Petitions — Trade 
with other Powers in North America — Mediterranean Trade — Trade with 
Great Britain and Foreign Nations, generally — Treaty with Emperor of Mo- 
rocco — Rix Dollar of Denmark — Importations from Rhode Island — Tonnage 
Acts of Maryland, Georgia, and Rhode Island — Bankruptcy — Relief of Per- 
sons imprisoned for Debt — Weights and Measures. 

Oiv the 7 th of August, 1789, a motion was made in the House h. Journal, 
of Representatives, and agreed to, that the House come to the P- 73 - 
following order : — 

Committee " Ordered — That a committee be appointed to bring in a bill, 

to bring in or bills, for the further encouragement of the commerce and 

courage- navigation of the United States." 

commerce ^ comm ^tee was accordingly appointed, consisting of Messrs. 

andnaviga- Gerry, Trumbull, and Burke. No report emanated from this 

tion ' committee. 

Light- On the 2d of June, an instruction was, on motion, given to the id. p. 44. 

house bill, committee for introducing a bill to regulate the collection of 
imposts and tonnage, that they prepare and bring in a bill di- 
recting the mode of registering and clearing vessels, ascertaining 
their tonnage, and for regulating the coasting trade, pilots, and 
light-houses. And, on the 1st of July, Mr. Gerry, from this com- id. p. 57. 

[H. B. 12.] mittee, presented a bill for the establishment and support of 
light-houses, beacons, and buoys, and for authorizing the several 
states to provide and regulate pilots, which was read the first 
time, and, on the next day, received the second reading, and was 
committed to a committee of the whole house. The bill was id. p. 62. 
considered in committee on the 17th, and several amendments 
were reported, which were agreed to by the House, and the 
bill was ordered to the third reading. On the 20th, the blanks id. p. 63. 
Passed by having been filled up, the bill was read the third time, and 

House. passed. The biJl was read the first time in the Senate, on the 
21st, and on the 23d received the second reading, and was com- 



HISTORY OF CONGRESS. 587 



CHIP. VI. Navigation, &c— Light-Houses. 1789. 



1st congress, milted to Messrs. Morris, Langdon, and Dalton. On the next 

1st Session. , ° ii-ni'i 

day, the committee reported amendments to the bill, which were 

under consideration on the 28th, 29th, 30th, and 31st, when the 
bill was concurred in with the following amendments: — 
Amend- " In the title of the bill, after ' beacons,' strike out * and,' and, S. Journal, 

<We. ° f after ' buo y s '' insert ' and P ublic P iers -' P ' 48 ~ 51 ' 

" Line JL Strike out the whole of the section, except the word 

* that,' and insert ' all expenses which shall accrue from and af- 
ter the 15th day of August, 1789, in the necessary support, 
maintenance, and repairs, of all light-houses, beacons, buoys, 
and public piers, erected, placed, or sunk, before the passing of 
this act, at the entrance of, or within, any bay, inlet, harbour, 
or port of the United States, for rendering the navigation there- 
of easy and safe, shall be defrayed out of the treasury of the 
United States : Provided, nevertheless, that none of the said ex- 
penses shall continue to be so defrayed by the United States, af- 
ter the expiration of one year from the day aforesaid, unless 
such light-houses, beacons, buoys, and public piers, shall, in the 
mean time, be ceded to, and vested in, the United States, by the 
state or states respectively, in which the same may be, together 
with the lands and tenements thereunto belonging, and together 
with the jurisdiction of the same.' 

" Line 11. Strike out the whole section. 

" Line 15. After the word ' states,' insert ' in manner aforesaid.' 

"Line 18. After the word ' contracts,' strike out the whole of 
the remaining part of the section, and insert ' which shall be ap- 
proved by the President of the United States, for building a light- 
house near the entrance of Chesapeake Bay, and for rebuilding, 
when necessary, and keeping in good repair, the light-houses, 
beacons, buoys, and public piers, in the several states, and for 
furnishing the same with all necessary supplies; and also, to 
agree for the salaries, wages, or hire, of the person or persons 
appointed by the President for the superintendence and care of 
the same.' 

" And be it further enacted — That all pilots in the bays, inlets, 
rivers, harbours, and ports, of the United States, shall continue 
lo be regulated in conformity with the existing laws of the states, 
respectively, wherein such pilots may be, or with such laws as 
the states may, respectively, hereafter enact for the purpose, un- 
til further legislative provision shall be made by Congress." 

House con- On the 3d, the House of Representatives agreed to the amend- h. Journal, 
cur * ments, and the bill was passed with the title of "An act for the P ,ro - 

establishment and support of light-houses, beacons, and buoys. " 



588 HISTORY OF CONGRESS. 



Chap. VI. Navigation, &c— Light-Houses. 1790. 



1st congress. On the 26th of February, 1790, the members from South Ca- H . Journal, 
— esslon " rolina presented to the House a copy of an act of that state, en- P- !64. 
housf l in titled " ^ n act f° r ceo " m g *°> anc * vesting in, the United States, 
Charleston the light-house on Middle Bay Island, within the bar of Charles- 
caded r ' ton narDour -" And on the 27th of April this act was referred to Id. p. 203. 
the secretary of the treasury, with instruction to examine the 
same, and report his opinion thereupon to the House. 
Light- The President of the United States, in a message to the two Id. p. 189. 
Sandy * houses > on the 5th of April, transmitted an act of the legislature 
Hook, of New York, entitled " An act for vesting in the United States 
ceded.° r ' °^ America the light-house, and lands thereunto belonging, at 
Sandy Hook." This exemplification of the act of New York 
was then committed to Messrs. Page, Benson, and Seney. This Id. p. 203. 
committee was discharged from the consideration of the act, on 
the 2&th of April, and it was referred to the secretary of the 
treasury, with instruction to take order pursuant thereto. 
Bill to a- On the 14th of July, the House appointed a committee, to con- id. p. 269, 
%ht-house s ^ s * °f Messrs. Smith, of South Carolina, Sinnickson, and Foster, 2 ' • 
act. to prepare and bring in a bill to amend the act " for the esta- 

blishment and support of light-houses, beacons, buoys, and pub- 
[H. B. 84.] lie piers ;" and on the same day, the bill was introduced, read the 
first and second time, and ordered to the third reading. On the 
BUlpassed. next day, it was read the third time and passed. The bill went 

through its several stages in the Senate, on the 16th, 17th, and s. Journal, 
19th, and was passed. p ' 181 ' 182 - 

The House of Representatives, on the 5th of August, came to h. Journal, 
the following resolution : — P* 289, 

Bill to "Resolved — That the secretary of the treasury, under the di- 

fimsh light- rec ft n of the President of the United States, do take measures 

house at 

Portland for finishing the light-house at Portland Head, in the district of 

Head, Maine: — Provided, the expense in finishing the same do not ex- 
ceed fifteen hundred dollars." 

Messrs. Thatcher, Partridge, and Trumbull, were then direct- I( j. p> 390, 
[H. S..97.] ed to bring in a bill. The bill was introduced on the same day, 291 « 
was read the first and second time, considered in committee, and 
jordered to be engrossed; and on the next day, it was read the 
Billpassed. third time and passed. In the Senate, the bill passed through s. Journal, 
the various stages on the two next succeeding days. p.200.203. 

The Senate bill [No. 23] " to continue in force the act therein 
mentioned, and to make further provision for the payment of 
pensions to invalids, and for the support of light-houses, beacons, 
buoys, and public piers," has not been noticed in the preceding 
chapter. 



HISTORY OF CONGRESS. 589 



CHAP. VI. Navigation, &c— Light- Houses. 1792. 



m congress. Ox the 1st of March, 1792, the Senate appointed Messrs. Burr, s. Journal, 

— ■ Gunn, and Morris, to be a committee to consider the expediency P- 4 °1.404. 

Bill to of building a light-house on Montuk Point, on Nassau Island, in 
house & on * ne s ^ ate 0l " New York; and, if they deemed it expedient, to re- 
Montuk port a bill. Mr. Burr, on the 6th, reported a bill which was then id. p. 410. 
read the first time; and on the 15th, several amendments were 
made, and the bill was then recommitted, with an instruction to 
report such further amendments as, on inquiry, may be found re- 
quisite. Mr. Burr, on the following day, reported amendments, 
which were agreed to^ and, on the 19th, the bill was passed, and S. Journal, 
sent to the House of Representatives, where it was read the first p * 
and second time on the 20th, and committed to a committee of H. Journal, 
the whole house ; and on the 7th of April, it was considered in p# 541 * 
committee, and no amendment being made, was read the third id. p. 567. 
Billpassed. time, and passed. 

Bill to O n tne 2a * of March, the House of Representatives appointed id. p. 525. 
finishlight- a committee, consisting of Messrs. Grove, Key, and Barnwell, 
Bald Head, to bring in a bill for finishing the light-house on Bald Head, 
N. Caro- a t u ie mouth of Cape Fear river, in North Carolina; and, on the 

5th, Mr. Grove presented a bill, which was read the first and se- id. p. 545. 
cond time, and committed to a committee of the whole house. 54 ^' 
[H.B.168.] The bill was considered in committee on the 23d of March, 
when it was reported without amendment, and ordered to be en- 
grossed. On the next day, the blank being filled up, it was read 
Billpassed. the third time and passed. In the Senate, on the 26th and 27th, s. Journal, 
the bill was read the first and second time, and was referred to P- 416 > 41 '- 
Messrs. Johnston, Langdon, and Sherman. The committee re- 
ported on the 28th, when the bill was read the third time, and 
concurred in. 
Bill sup- I n the Senate, on the 5th of April, Mr. Izard, from a commit- id. p. 419, 
plementa- tee appointed on the 2d, reported a bill supplementary to the 42 °* 
house act. act for the establishment and support of light-houses, beacons, 
[S, B. 34.] buoys, and public piers, which was then read the first time, and, id. p. 421. 

on the next day, having been read the second time and amended, 
Billpassed. was reac * tne tmrc * ^ me an ^ passed. • The House, on the 7th, h. Journal, 
proceeded to act on this bill, when it went through all its stages, P* 567m 
and was returned to the Senate with an amendment, and, on the S. Journal, 
9th, the Senate agreed to the amendment. p ' 

2d session. Tne following order was passed by the House of Representa- 1793. 
tives on the 26th of February, 1793: — H. Journal, 

" Ordered — That a committee be appointed to bring in a bill 
to provide for the expense of supporting light-houses not ceded 



590 HISTORY OF CONGRESS, 



Chap. VI. Navigation, &c— Registering and Clearing Vessels, &c. 1793. 



2d congress, to the United States, and that Mr. Fitzsimons, Mr. Griffin, and 

— Mr. Tredwell, be the said committee; and, on the following day, 

Bill sup- M r . Fitzsimons reported a bill supplementary to the act for the 
plementa- '. . , / 

ry to light- establishment and support of light-houses, beacons, buoys, and 

house act. public piers, which was then read the first and second time, and 
[H.B.241.] committed to a committee of the whole house. The bill was 
then considered in committee, and several amendments were re- 
ported, which were agreed to by the House, and the bill was or- 
dered to be engrossed. On the 28th, the bill was read the third h. Journal, 
Bill passed, time and passed. In the Senate, the bill received the first read- P- r22 - 

ing on the same day, and, on the 1st of March, was read the se- ?'^3 U ?oo 
cond and third time, and passed. 



1st congress. The same committee to whom was deputed the first light- 1789. 

— — f!i°2^_ nouse bill, was also instructed to bring in a bill directing the mode ~ 
Register- of registering and clearing vessels, ascertaining their tonnage, 
ing and £ c> j n pursuance of this instruction, Mr. Gerry, on the 24th h. Journal, 
Vessels, of July, 17S9, introduced, from this committee, a bill for regis- P- 44, ° 5 * 

Bill for re- tering and clearing vessels, ascertaining their tonnage, and for 

gistenng regulating the coasting trade, which was then read the first time; 

ing vessels, the bill was read the second time on the 28th, and committed to id.p.67,68. 

regulating com mittee of the whole house, and the House then went into 

coasting 7 

trade, and committee on the bill. The subject occupied the committee on j^ p # 59, 
™!L™ er the 29th and 30th, when several amendments were reported, 

purposes* 

which were agreed to on the following day, and the bill was or- 
[H. B, 16.] dered to the third reading. On the 3d of August, this bill was id.p.70,71. 
recommitted to the committee of the whole; and on the next 
day the bill, having again passed through committee, by whom 
several amendments were reported, was ordered to the third 
Billpassed. reading. On the 5th, the bill was read the third time, and passed, id. p. 72. 
with the following title: "An act for registering and clearing 
vessels, regulating the coasting trade, and for other purposes." 
In the Senate, this bill received the first reading on the 6th, and, g # journal, 
on the 10th, was read the second time, and committed to Messrs. P- 55.58. 
Morris, Dalton, Langdon, Butler, and King. Mr. Morris re- 
ported sundry amendments on the 17th, which were considered id. p. 59. 
on the 20th, 21st, 22d, and 25th, when the bill was concurred id. p. 62. 
in with sixty-nine amendments. The consideration of these 
amendments occupied the House on the 26th and 27th, when H. Journal, 
the whole of them were agreed to, with two verbal amendments P* 91, 
to the 3d and 57th amendments of the Senate; and these amend- 



HISTORY OF CONGRESS. 591 



Chap. VI. Navigation, &c— Registering and Clearing Vessels, ice. 1789. 



1st congress, ments being returned to the Senate, the amendments of the s. Journal, 



1st Session 



House were, on the 30th, considered and concurred in. P* 67 - 



Bill to ex- Leave was given by the House of Representatives, on the 22d H. Journal, 
P^lnd a ^ of September, to bring in a bill to explain and amend the act, P- 118 > 119 ' 
gistering entitled " An act for registering and clearing vessels, regulating 
ine acts"" ^ e coast i n g trade, and for other purposes;" and Messrs. Bland, 

Goodhue, and Benson, were appointed of said committee. The 
[H. B. 33.] bill was introduced by Mr. Bland on the next day, when it was 

read the first and second time, and ordered to the third reading. 

And on the next day, the bill was read the third time, and, a Id. p. 120. 
Billpassed. blank having been filled up, was passed, and sent to the Senate, 

where it was read the first time on the 24th; and, on the 26th, S. Journal, 

n fifi QO 

was committed to Messrs. Read, Morris, and Dalton. From 9^ 
this committee, on the 28th, the following amendment was re- 
ported: — 

" And be it further enacted — That so much of an act, en- 
titled 6 An act to regulate the collection of the duties imposed 
by law on the tonnage of ships or vessels, and on goods, wares, 
and merchandises, imported into the United States;' as hath 
rated the rouble of Russia at one hundred cents, be, and the 
same is hereby, repealed, and made null and void." 

This amendment was adopted, and the bill was then passed, h. Journal, 
The amendment of the Senate was,, on the same day, concurred P- 128, 
in by the House. 

2d session. A letter from the secretary of the treasury was laid before the 179Q. . 



House of Representatives, on the 23d of April, 1790, "respecting h. Journal 
difficulties which have occurred in the execution of the several P- 198 » 
laws for collecting duties on goods, wares, and merchandises, and 
on tonnage, and for regulating the coasting trade;" and this letter 
Bill for re- was referred to Messrs. Goodhue, Lawrance, Boudinot, Fitzsi- 
gistering mons, and Lee. On the 22d of July, Mr. Goodhue presented id. p. 275^, 
s ips> a bill for registering ships or vessels, for regulating those em- 276 " 
[H. B. 89.] ployed in the coasting trade and fisheries, and for other pur- 
poses, which was then read the first and second time, and commit- 
ted to a committee of the whole house. On the 27th of July, it id. p. 282, 
was moved that the further consideration of this bill be post- 
Postponed, poned until the next session of Congress, and this motion was 
decided in the affirmative. 



2d congress. On the 28th of October, 1791, the House of Representatives 1791-2. 

appointed Messrs. Goodhue, Fitzsimons, and Learned, a com- h. Journal. 

p, 442. 



1st Session. 



592 HISTORY OF CONGRESS. 



Chip. VI. Navigation, &c— Registering and Clearing Vessels, &c. 1791-92- 



2d congress, mittee to bring in a bill for registering ships or vessels, and for 

— — — - regulating, those employed in the coasting trade and fisheries; and, H. Journal* 

cemhgre- on the 30th of November, a bill was reported by Mr. Goodhue P' 465 * 

gistering « concerning the registering or recording of ships or vessels/' 

s ips ' which was read the first and second time, and committed to a 

L . "J committee of the whole house. There appears to have been no 

further action on this bill. 
Bill for en- And on the 3d of March, 1792, Mr. Goodhue presented a bill Id. p. 526. 
rolling and f or enrolling and licensing ships or vessels, to be employed in 
ships. the coasting trade and fisheries, which was read the first and se- 

cond time, and committed to a committee of the whole house. 
[H.B.167.] This bill was taken up for consideration in committee on the 26th Id. p. 590. 
of April, and some progress was made, when the committee rose. 
The bill was not afterwards resumed, 

2d session. On the 7th of November, 1792, the House of Representatives 1792. 

Bill con- appointed a eommittee, consisting of Messrs. Goodhue, Fitzsi- H. journal, 
c ?Trin re " mons, and Parker, to prepare and bring in a bill for registering p ' 
and record- ships or vessels, and for regulating those employed in the coast- 
ing ships. j n g t ra( j e an( j fisheries. Mr. Goodhue, on the 15th, presented id. p. 620. 
[H.B.195.] a bill concerning the registering and recording of ships or ves- 
sels, which was then read the first and second time, and com- 
mitted to a committee of the whole house. The bill was con- 
sidered in committee on the 22d, and no amendment having id. p. 625. 
been reported, was ordered to the third reading. And, on the 
26th, the bill was read the third time, and passed, and was sent id. p. 626. 
to the Senate, where it received the first reading on the same 
day. On the 3d, the bill was referred to Messrs. Butler, Cabot, g. journal 
Morris, Monroe, and King. A report was made from this com- P- 46 ° — 
mittee on the 11th, when the consideration of the amendments 
of the committee was taken up. It was then moved to expunge 
the following proviso, in the first section of the bill: — 

"Provided — That they shall not continue to enjoy the same 
longer than they shall continue to be wholly owned, and to be 
commanded by a citizen or citizens of the United States." 

The question being taken on this motion, it was decided in 
the negative, by the following voter — 

Yeas — Messrs. Brown, Butler, Edwards, Few, Izard. — 5. 

Nays — Messrs. Bassett, Bradley, Cabot, Dickinson, Ells- 
worth, Foster, Hawkins, Henry, Johnston, King, Langdon, 
Monroe, Morris, Read, Robinson, Sherman, Stanton, Strong*. 
Wingate. — 19. 



HISTORY OF CONGRESS. 593 

CHAP. VI. Navigation, &c — Registering and Clearing Vessels, &c— Freighters, &x. 1792-93. 

2d congress. Several amendments reported by the committee were then 

2d Session. . , •• i -i • ■• t i 

agreed to, and the bill was ordered to the third reading ; and on 

the 12th of December, the bill, as amended, was read the third H. Journal, 

Billpassed. time and passed. The House considered the amendments of the p ' 

Senate on the 14th, and resolved to agree to the amendments to S. Journal, 
the fifth section, and to disagree to the amendment to the seven- p * 
teenth section ; and, on the 17th, the Senate receded from that 
amendment. 

On the 27th of November, Mr. Goodhue reported also a bill H. Journal, 
for enrolling and licensing ships or vessels to be employed in the p * 
coasting trade and fisheries, and for regulating the same, which 
was read the first and second time, and committed to a commit- 
tee of the whole house. The bill was taken up for consideration, 
in committee, on the 6th of December, when several amend- id. p. 635. 
ments were reported, which were agreed to by the House on the 637, 
13th, and the bill was then ordered to lie on the table. The 
consideration of these amendments was resumed on the 18th, id. p. 650. 
when the bill and amendments were recommitted to Messrs. 
Goodhue, Fitzsimons, and Parker. From this committee, on the 
20th, several amendments were reported, which were agreed to, id. p. 651. 
and the bill was ordered to the third reading. The bill was read 
the third time on the 24tb, and the blanks having been filled up, Id. p. 652. 
it was passed and sent to the Senate, where the bill was read 
the first time on the 26th, and, on the 31st, was referred to s. Journal, 
Messrs. Cabot, Morris, Bradley, Langdon, and Monroe. Mr. Ca- P- 46 ^ 466, 
bot, from this committee, on the 29th of January, 1793, reported Id. p. 476. 
the bill with amendments ; and the amendments were ordered to '* 
be printed. The report of the committee was adopted by the 
Senate on the following day, and, on the 31st, the bill was fur- id. p. 481. 
ther amended, and ordered to the third reading. Further amend- 
ments were made on the 7th of February, when the bill was 
passed, as amended. On the 9th, the House of Representatives H. Journal, 
referred the amendments of the Senate to Messrs. Goodhue, Fitz- P* 698, 
simons, and Parker. The committee made their report on the 
same day, and the House then concurred in the amendments. 



ist congress. Ox the 24th of December, 1790, the House of Representatives 1790. 
ordered the appointment of a committee to prepare and bring in h. Journal, 
a bill, or bills, to ascertain how far owners of ships and vessels P* 342 * 

sponsibili- shall be liable to the freighters of goods shipped on board thereof; 

freighter*. and Messrs - Fitzsimons, Foster, and Silvester, were appointed of 
Vol. I.— 75 



Bill con 
cerning- re- 



594 HISTORY OF CONGRESS. 



CHAP. VI. Navigation, &c— Freighters, &c— Fisheries. 1790-91. 



1st congress, this committee; and, on the 27th, Mr. Fitzsimons, from this H. Journal, 

3d Session. «,« 

committee, presented a bill to ascertain how far the owners of p 
[H.B.107.] ships and vessels shall be answerable to the freighters, which was 
then read the first time, and was read the second time, and com- 
mitted to a committee of the whole house. But this bill was not 
afterwards acted on. 
Bill con- It was ordered by the House of Representatives, on the 27th of ibid. 
C nladms- December, that a committee be appointed to prepare and bring 
vessels in in a bill to enable the collector of the district of Pennsylvania to 
smict?on " P erm ^ tne landing of goods at other places within his district 
by ice. than the port of Philadelphia, when the navigation of the river 
Delaware shall be obstructed by ice; and Messrs. Fitzsimons, 
White, and Brown, were appointed of this committee. And, on 
the following day, Mr. Fitzsimons, from this committee, reported 
[H.B.109.] s UC h bill, which then received the first and second reading, and 
was committed to a committee of the whole house. This bill 
was considered in committee on the 29th, when several amend- id. p. 344. 
ments were reported, and the bill was then ordered to the third 
reading. On the 30th, the bill was read the third time and id. p . 345. 
Bill passed, passed, the title being "An act to provide for the unlading of 
ships or vessels, in cases of obstruction by ice." This bill was 
read the first time in the Senate, on the 3d of January, 1791, and s. Journal, 
the bill received the second and third reading on the 4th and 5th, P* 229 * 
when it was passed. 



istcongress. On the 14th of April, 1790, a representation from the legisla- 1790. 



ture of the state of Massachusetts, relative to the present state h. Journal. 

tation of of the whale and cod fisheries, together with several petitions on P- 193 - 

Massachu- j_ ne subject, were presented to the House of Representatives ; 

subject of and, on the 4th of August, this representation was referred to the id. p. 296. 

the fishe- secre tary of state, with instructions to examine the same, and re- 
port to the House. The report of the secretary of state on the 
subject was laid before the House of Representatives on the 4th id. p. 370. 
of February, 1791. 



2dCongre8e. On the 19th of December, 1791, Mr. Cabot gave notice that 1791. 

he intended to-morrow to move for leave to bring in a bill for the s. Journal, 

Billforpro- encouragement of the bank and other cod fisheries, and for the P* 357 ' 
cod 10 fishe- regulation and government of the fishermen employed therein ; id. p. 358. 
ries. and, on the 20th, the bill was introduced by Mr. Cabot, and was id. p. 359. 

then read the first time. On the 22d, the bill received the se- id. p. 360. 



HISTORY OF CONGRESS. 595 



Chap. VI. Navigation, &c.-Fisheries. 1791-92. 



2d congress, cond reading, and was referred to Messrs. Cabot, Izard, Sherman, 

1st Session. ° . 

Morris, and Lee. On the 28th, Mr. Cabot reported various s. Journal, 
amendments, which were considered on that day, and on the P- 363 - 
29th, and the 5th, and 10th of January, 1792, when the question id. p. 370. 
[S. B. 26.] was taken on the third reading of the bill, and decided in the af- 
firmative by the following vote : — 

Yeas — Messrs. Bassett, Burr, Cabot, Carroll, Dickinson, Ells- 
worth, Few, Foster, Gunn, Henry, Izard, King, Langdon, Lee, 
Monroe, Morris, Read, Robinson, Rutherford, Sherman, Stan- 
ton, Strong, Wingate. — 23. 

Nays — Messrs. Bradley, Butler, Hawkins, Johnston. — 4. 

On the 11th, a further amendment was made, and the bill was 
passed, and sent to the House of Representatives for concurrence, 
as follows : — 

Bill as sent " Sect, 1. Be it enacted, by the Senate and House of Representatives \&, p. 371, 
House 6 of °f l ^ e United States of America, in Congress assembled — That the 
Represent- bounty now allowed upon the exportation of dried fish, of the 
fisheries of the United States, shall cease on all dried fish, ex- 
ported after the tenth day of June next, and, in lieu thereof, and 
for the more immediate encouragement of the said fisheries, 
there shall be afterwards paid, on the last day of December an- 
nually, to the owner of every vessel or his agent, by the collect- 
ors of the district where such vessel may belong, that shall be 
qualified agreeably to law for carrying on the bank and other 
cod fisheries, and that shall actually have been employed there- 
in at sea, for the term of four months, at the least, of the fishing 
season next preceding, which season is accounted to be from the 
last day of February to the last day of November in every year, 
for each and every ton of such vessel's burden, according to her 
admeasurement as licensed or enrolled, if of twenty tons, and not 
exceeding thirty tons, one and a half dollars ; and if above thir- 
ty tons, two and a half dollars ; of which bounty three-eighth 
parts shall accrue and belong to the owner of such fishing ves- 
sel, and the other five-eighth parts thereof shall be divided by 
him, his agent, or lawful representative, to and among the seve- 
ral fishermen who shall have been employed in such vessel during 
the season aforesaid, or a part thereof, as the case may be, in 
such proportions as the fish they shall respectively have taken 
may bear to the whole quantity of fish taken on board such ves- 
sel during such season : Provided — That the bounty to be allowed 
and paid on any one vessel, for one season, shall not exceed one 
hundred and seventy dollars. 



596 HISTORY OF CONGRESS. 



Chap. VI. Navigation, &c— Fisheries. 1792. 



2d congress. " Sect. 2. And be it further enacted — That, on the last day of 

"~ ~ December annually, as aforesaid, there shall also be paid to the 

to House 11 owner °f evei T fishing boat or vessel, of more than five tons, and 
less than twenty tons, or to his agent or lawful representative, 
by the collector of the district where such boat or vessel may be- 
long, the sum of one dollar upon every ton admeasurement of 
such boat or vessel ; which bounty shall be accounted for as part 
of the proceeds of the fares of said boat or vessel, and shall ac- 
cordingly be so divided among all persons interested therein: — 
Provided, however, that this bounty shall be allowed only to such 
boats or vessels, as shall have actually been employed at sea, in 
the cod fishery, for the term of four months at the least of the 
preceding season. And provided, also — That such boat or vessel 
shall have landed, in the course of said preceding season, a quan- 
tity of fish, not less than 12 quintals for every ton of her ad- 
measurement, the said quantity of fish to be ascertained when 
dried, and cured fit for exportation, and according to the weight 
thereof, as the same shall weigh, at the time of delivery, when 
actually sold ; which account of the weight, with the original ad- 
justment and settlement of the fare, or fares, among the owners 
and fishermen, together with a written account of the length, 
breadth, and depth, of said boat or vessel, and the time she has 
actually been employed in the fishery in the preceding season, 
shall, in all cases, be produced and sworn to before the said col- 
lector of the district, in order to entitle the owner, his agent, or 
lawful representative, to receive the bounty aforesaid. And if, 
at any time within one year after payment of such bounty, it 
shall appear that any fraud or deceit has been practised in 
obtaining the same, the boat or vessel upon which such bounty 
shall have been paid, if found within the district aforesaid, shall 
be forfeited ; otherwise, the owner or owners, having practised 
such fraud or deceit, shall forfeit and pay one hundred dollars, to 
be sued for, recovered, and appropriated, in like manner as for- 
feitures and penalties are to be sued for, recovered, and appro- 
priated, for any breach of an act, entitled 'An act to provide 
more effectually for the collection of the duties imposed by law 
on goods, wares, and merchandises, imported into the United 
States, and on the tonnage of ships or vessels.' 

" Sect. 3. Jind be it further enacted — That the owner or 
owners of every fishing vessel of twenty tons and upwards, his 
or their agents, or lawful representative, shall, previously to re- 
ceiving the bounty which is provided for in this act, produce to 
the collector who is authorized to pay the same, the original 



HISTORY OF CONGRESS. 597 



CRAP. VI. Navigation, &c— Fisheries. 1792. 



2d congress, agreement, or agreements, which may have been made with the 

1st Session 0*0 * •> 

" fishermen employed on board such vessel, as is hereinbefore re- 

^House" 1 q uired J ana " also a certificate, to be by him or them subscribed, 
therein mentioning the particular days on which such vessel 
sailed and returned, in the several voyages, or fares, she may 
have made in the preceding fishing season, to the truth of which 
they shall swear or affirm before the collector aforesaid. 

" Sect. 4. And be it further enacted — That no ship or ves- s. Journal, 
sel of twenty tons or upwards, employed as aforesaid, shall be P« 372. 
entitled to the bounty granted by this act, unless the skipper or 
master thereof shall, before he proceeds on any fishing voyage, 
make an agreement, in writing or in print, with every fisherman 
employed therein, excepting only any apprentice or servant of 
himself or owner; and, in addition to such terms of shipment as 
may be agreed on, shall, in such agreement, express whether 
the same is to continue for one voyage, or for the fishing season; 
and shall also express that the fish, or the proceeds of such fish- 
ing voyage or voyages which may appertain to the fishermen, 
shall be divided among them in proportion to the quantities or 
number of said fish they may, respectively, have caught, which 
agreement shall be endorsed or countersigned by the owner of 
such fishing vessel, or his agent; and if any fisherman, having 
engaged himself for a voyage, or for the fishing season, in any 
fishing vessel, and signed an agreement therefor, as aforesaid, 
shall thereafter, and while such agreement remains in force, and 
to be performed, desert or absent himself from such vessel, 
without leave of the master or skipper thereof, or of the owner 
or his agent, such deserter shall be liable to the same penalties 
as deserting seamen or mariners are subject to in the merchants' 
service, and may, in the like manner, and upon the like com- 
plaint and proof, be apprehended and detained; and all costs of 
process and commitment, if paid by the master or owner, shall 
be deducted out of the share of fish, or proceeds of any fishing 
voyage, to which such deserter hath or shall become entitled. 
And any fisherman, having engaged himself as aforesaid, who 
shall, during such fishing voyage, refuse or neglect his proper 
duty on board the fishing vessel, being thereto ordered or re- 
quired by the master or skipper thereof, or shall otherwise resist 
his just commands, to the hinderance or detriment of such voy- 
age, beside being answerable for all damages arising thereby, 
shall forfeit to the use of the owner of such vessel his share of 
the bounty, which shall be paid upon such voyage, as is herein 
granted. 



i98 HISTORY OF CONGRESS. 



Chap. VI. Navigation, &c— Fisheries. 1792. 



2d congress. " Sect. 5. Jind be it farther enacted — That where an agree- 

lst Session. * . „ . 

ment or contract shall be so made and signed, for a fishing voy- 

to House* 1 * a £ e > or ^ or tne fi smn g season, and any fish, which may have 
been caught on board such vessel during the same, shall be de- 
livered to the owner, or to his agent, for cure, and shall be sold 
by said owner or agent, such vessel shall, for the term of six 
months after such sale, be liable and answerable for the skipper's, 
and every other fisherman's share of such fish, and may be pro- 
ceeded against in the same form, and to the same effect, as any 
other vessel is by law liable; and may be proceeded against for 
the wages of seamen or mariners in the merchants' service. And, 
upon such process for the value of a share or shares of the pro- 
ceeds of fish delivered and sold as aforesaid, it shall be incum- 
bent on the owner, or his agent, to produce a just account of the 
sales and division of such fish, according to such agreement or 
contract, otherwise the said vessel shall be answerable, upon such 
process, for what may be the highest value of the share or shares 
demanded. But, in all cases, the owner of such vessel, or his 
agent, appearing to answer to such process, may offer, thereupon, 
his account of general supplies made for such fishing voyage, 
and of other supplies therefor made, to either of the demand- 
ants; and shall be allowed to produce evidence thereof, in an- 
swer to their demands, respectively, and judgment shall be ren- 
dered upon such process, for the respective balances, which, 
upon such an inquiry, shall appear: Provided, always — That, 
when process shall be issued against any vessel liable as afore- 
said, if the owner thereof, or his agent, will give bond to each 
fisherman, in whose favour such process shall be instituted, with 
sufficient security, to the satisfaction of two justices of the peace, 
one of whom shall be named by such owner or agent, and the 
other by the fisherman or fishermen pursuing such process: or, 
if either party shall refuse, then the justice first appointed shall 
name his associate, with condition to answer and pay whatever 
sum shall be recovered by him or them on such process, there 
shall be an immediate discharge of such vessel: Provided — That 
nothing herein contained shall prevent any fisherman from 
having his action at common law for his share or shares of fish, 
or the proceeds thereof, as aforesaid. 

"Sect. 6. And be it further enacted — That the drawback here- 
tofore allowed on the exportation of foreign dried and pickled 
fish, and other foreign salted provisions, be, and the same is, here- 
by repealed. 

" Sect. 7. And he it further enacted — That the moneys which 



HISTORY OF CONGRESS. 599 



CHAP. VI. Navigation, &c— Fisheries. 1792. 



2dCongre?s. shall remain, in consequence of the abolition of the bounty on 
-7 — ■ — '" the dried fish of the United States, and of the drawback on fo- 
to House" re *g n dried and pickled fish, and other foreign salted provisions, 
be, and the same are, hereby appropriated to the payment of 
the bounties granted by this act; and in case the moneys so ap- 
propriated shall be inadequate, the deficiency shall be supplied 
out of any moneys which, from time to time, shall be in the trea- 
sury of the United States, and not otherwise appropriated. 

" Sect. 8. Jind be it further enacted — That any person who shall s. Journal, 
declare falsely in any oath or affirmation required by this act, P* 373, 
being duly convicted thereof in any court of the United States, 
having jurisdiction of such offence, shall suffer the same penal- 
ties as are provided for false swearing by the act before men- 
tioned, and to be in like manner sued for, recovered, and appro- 
priated. 

" Sect. 9. And be it further enacted — That this act shall conti- 
nue, and be in force for the term of seven years, and from thence 
to the end of the next session of Congress." 

This bill was read the first and second time in the House of h. Journal, 
Representatives, on the 13th of January, and was then commit- P- 491 - 
ted to a committee of the whole house. On the 3d, 6th, 7th, id. p. 502 
and 8th, the bill was considered in committee, and several ^ 504, 
amendments were reported, which were agreed to by the House. 
BUI passed The bill was then ordered to the third reading. And, on the 9th, 
by House ^ e j^U was reac j ^ e third time, and the question on its passage 
mend- was decided in the affirmative, by the following vote : — 

Ayes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. 
Bourne, Clarke, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, 
Gordon, Gregg, Griffin, Hartley, Hillhouse, Huger, Kittera, Law- 
rance, Learned, Lee, Livermore, Madison, Muhlenberg, Niles, 
Schoonmaker, Jere. Smith, I. Smith, Wm. Smith, Sterrett, 
Sturges, Silvester, Thatcher, Tredwell, Vining, Wadsworth, 
Ward.-— 38. 

Noes — Messrs. Ashe, Baldwin, Brown, Giles, Grove, Heister, 
Key, Macon, Mercer, Moore, Murray, Page, Parker, Seney, 
Steele, Sumpter, Tucker, Venable, White, Williamson, Willis. 
—21. 

It was then resolved, that the title of the bill be, " An act con- 
cerning certain fisheries of the United States, and for the regu- 
lation and government of the fishermen employed therein." 

The amendments made by the House of Representatives are 
these : — 



600 HISTORY OF CONGRESS. 



CHAP. VI. Navigation, &c— Fisheries. 1792. 



2d congress. « Section 1, line 2. Strike out the words ' bounty now allowed,' s. Journal, 

1st Session. # , J p. 388 . 

and insert, ■ allowance now made. ■ 

men™ ~ " ^ine 3. After the word * states,' insert, ' in lieu of a draw- 

of House, back of the duties paid on the salt used in preserving the same.' 

" Lines 4 and 5. Strike out the words ' and in lieu thereof, and 

for the more immediate encouragement of the said fisheries,' and 

insert ' and as a commutation and equivalent therefor.' 

"Line 15. Strike out * bounty,' and insert 'allowance afore- 
said.' 

" Line 21. Strike out the words ' bounty to be allowed and 
paid,' and insert ' allowance aforesaid.' 

"Sect. 2, lines 6, 21, 22, and 23. Strike out 'bounty,' and in- 
sert ' allowance,' making correspondent amendments throughout 
the bill. 

"Line 19. After 'sworn,' insert 'or affirmed.' 
" Sect. 4c, line 24. Strike out ' hath,' and insert ' had.' 
" Sect. 7, line 2. Strike out the words ' bounty on,' and insert 
' allowance on the exportation of.' 

" Line 4. Strike out ' bounties,' and insert 'allowances.' 
"Sect. 8, line 4. After 'swearing,' insert ' or affirming.' 
"Sect. 9. At the end thereof, add 'and no longer.' 
" In the title of the bill, strike out the words ' for the encou- 
ragement of the bank and other cod fisheries,' and insert ' con- 
cerning certain fisheries of the United States.' 

Senate a- 0° tne l0 ^h of February, the Senate agreed to these amend- 

gree. ments. 

Billfbrpro- The House of Representatives, on the 17th of March, of the h. Journal, 

tection of same year, appointed Messrs. Williamson, Key, and Parker, to be P- 538 * 
a committee " to prepare and bring in a bill, or bills, to amend an 

[H.B.193.] act, entitled 'An act to provide more effectually for the collec- 
tion of duties on goods, wares, and merchandise, imported into the 
United States, and on the tonnage of ships or vessels,' so far as to 
permit the landing of salt, under certain regulations, at ware- 
houses belonging to the several fisheries, and to allow a drawback 
on the exportation of salted provisions, equal to the duty that is 
paid on the salt used in preserving the same." And, on the 4th id. p. 597. 
of May, Mr. Williamson presented a bill " for the protection of the 
Not acted river and bay fisheries," which was then read the first time. This 

on * bill was not again taken up for consideration. 



HISTORY OF CONGRESS. 601 



Chap. VI. Navigation, &c— Regulation of Seamen. 1790. 



lstoongress. On the 29th of April. 1790, it was ordered by the House of H. Journal. 



2d Session 



Representatives that a committee be appointed, consisting of p 



eulation 'of Messrs. Fitzsimons, Smith, of Maryland, and Slurges, to bring in 
seamen in a bill for the government and regulation of seamen in the mer- 
chants' ser^ chants' service ; and, on the 3d of May, Mr. Fitzsimons presented Id. p. 208, 
vice. a bill, which was then read the first and second time, and com- 

[H. B. 61. j m jtted to a committee of the whole house. This committee was, 
on the 27th, discharged from further proceeding on the bill, and 
it was committed to Messrs. Gilman, Goodhue, Fitzsimons, Smith, 
of Maryland, and Parker. On the 17th of June, Mr. Gilman re- id. p. 244. 
ported several amendments to the bill, which were considered on 
the 25lh, and agreed to by the House, and the bill was then or- 
dered to the third reading. The bill was, on the following Mon- 
Bill passed, day, read the third time, and passed. In the Senate, the bill re- S. Journal, 
ceived the first reading on the same day, and, on the 1st of July, P- 16 '* 1 ' 2 * 
was committed to Messrs. Dalton, Morris, and Langdon. Mr. 
Dalton, on the 7th, reported amendments, and the bill having Id. p. 175. 
been amended accordingly, was ordered to the third reading, and 
was passed on the next day. The House proceeded to consider H. Journal, 
the amendments of the Senate, on the 10th, when some were p * 
agreed to, and one was rejected. The Senate, on the 12th, re- s. Journal, 
ceded from the amendment to which the House had disagreed. p# , 



2d congress. On the 5th of November, 1792, a petition was presented to 1792. 
— ..' the House of Representatives, from merchants in the city of H.journal, 
Charleston Charleston, South Carolina, praying that Congress would pass a P* 61 °- 
merchants. j aw to restrain the proceedings, and reduce the fees in the Court 
of Admiralty of the United States in the said state; as also, to ad- 
mit of other security being taken to the satisfaction of the judge 
of the court, in small and trivial causes brought by seamen or 
others against vessels in the merchants' service; and this peti- 
tion was referred to Messrs. Wm. Smith, Lawrance, and White, id. p. 615. 
Mr. Smith made a report from this committee, which was consi- id. p. 617. 
dered on the 10th, when the house adopted this resolution: 

"Resolved — That provision ought to be made, by law, to re- 
gulate the fees of the several District Courts of the United States, 
in all cases of admiralty proceedings; and that so much of the 
act for the regulation of seamen in the merchants' service, as 
makes ships or vessels, and their appurtenances, liable to seizure 
and detention, for actions of trivial amount, be repealed, and 
that, in future, a power be vested in the district judge to accept 
Vol. I.— 76 



602 HISTORY OF CONGRESS, 



Chap. VI. Navigation, &c— Regulation- of Seamen.— Exportation and Trade. 2792-93. 



w congress, of other sufficient security, in cases where the sum in dispute 

2d Session. ,, , ' __ „ 

shall not exceed dollars. ' 

Bill to a- It was then ordered, that Messrs. William Smith, Lawrance, H. Journal, 
No n 6i. blU and White, prepare and bring in a bill pursuant to this resolution; p * 627 * 

and, on the 27th, Mr. Smith, from this committee, presented a 
[H.B.197.] bill to ascertain the fees demandable on admiralty proceedings in 
the District Courts of the United States, and to amend, in part, 
the act, entitled " An act for the government and regulation of 
seamen in the merchants' service," which was read the first and 
second time, and committed to a committee of the whole house. 
This bill occupied the deliberations of the committee on the 3d, id. p. 631. 
7th, 12th, 21st, and 27th of December, when several amendments £??• f37. 

651. 656. 

were reported to the House, which were agreed to on the follow- 
ing day, when the bill was ordered to the third reading; and, on 
the 31st, the blanks having been filled up, the bill was read the id. p. 6ST. 
third time and passed, and was sent to the Senate, where it was s. Journal, 
read the first time on the same day, and, on the 1st of January, P« 466 - 
1793, was referred to the committee appointed on the 21st of 
November, to take the judiciary system into consideration, with 
an instruction, also, to consider this bill and report upon it. This 
committee consisted of Messrs. Ellsworth, Strong, Monroe, John- id. p. 459. 
ston, and King. On the 261h of February, Mr. Ellsworth, from id. p. 495. 
this committee, reported amendments, which led to debate; and, 497, 
on the next day, the report was accepted, and the bill, having 
Billpassed. been amended accordingly, was passed. The House of Repre- h. Journal, 
sentatives, on the same day, acquiesced in these amendments. P«721. 



i»tcongre6B. At the second session of the first Congress, on the 3d of March, 1790. 

SS1 °°' 1790, a motion was submitted to the Senate, 

Resolution "That the secretary of the treasury direct the respective col- s. Journal, 

of Senate lectors, in the several ports of the United States, not to clear out P* il7, 
and House, . ■ '■•■«• • .11 

as to pre- any vessel having articles on board subject to inspection by the 

venting ex- j aws f jj ie s ^ e f rom which such vessel shall be about to depart, 
portation m * 

of goods without having previously obtained such manifests and other do- 
not duly m- ctiments as are enjoined by the said laws." 

This motion was committed, on the 4th, to Messrs. Izard, id. p . us. 
Strong, and Bassett, and they were instructed to report a bill 
upon the subject matter of it, if a bill" should appear to them ne- 
cessary. This committee, on the following day, reported a joint 
resolution in the same words, which having been agreed to, was 
sent to the House of Representatives for concurrence. 



HISTORY OF CONGRESS. 603 



Chip. VI. Navigation, &c— Exportation and Trade. 1790. 



oH t £ ongres3 ' [Previously to this motion, a motion had been submitted, on s. Journal, 

*fl cession. 1 1 c 1 1 /^ 

the 23d of February, that a committee be appointed to consider P- ii:, » li0 - 
what measures may be necessary to be adopted relative to the 
inspection of exports from the United States, and, if they think 
proper, to prepare a bill on that subject, and, on the following 
day, Messrs. Dalton, Morris, Izard, Langdon, and Johnston, 
were appointed, to which committee were added, on the 26th, 
Messrs. Bassett, Few, Henry, King, Paterson, and Ellsworth. 
There was also, on the 11th of February, a committee appointed, id. p. 113. 
consisting of Messrs. Morris, Langdon, Butler, Dalton, and Ells- 
worth, to report, if they agreed as to its expediency, a plan for the 
regulation of the trade of the United States with the countries 
and settlements of the European powers in America; and to this 
committee were added, on the 26th, Messrs. Bassett, Few, Hen- 
ry, King, Paterson, and Hawkins.] 
Billintro- On the 8th of March, the joint resolution adopted by the Se- H. Journal, 
nate, was, in the House of Representatives, committed to Messrs. p * 
White, Tucker, and Contee, with instructions to prepare and 

[H. B, 48.] bring in a bill; and, on the same day, Mr. White presented a bill 
to prevent the exportation of goods not duly inspected, according 
to the laws of the several states, which was then read the first 
time, and, on the 9th, received the second reading, and was com- I( j # p# 171> 
mitted to a committee of the whole house. This bill was con- 
sidered in committee on the 26th, when an amendment was re- id. p. 183. 
ported and agreed to; and the bill was, on the next day, read the 

Billpassed. third time and passed. On the same day, the bill received the 

first reading in the Senate, and was read the second and third s. Journal, 
time, and passed, on the two next succeeding days. P* 125 * 

N ew On the 26th of March, 1790, a petition of the merchants and s. Journal, 

Hamp- traders of the town of Portsmouth and New Hampshire, was P* 124, 
tions. presented to the Senate, praying that a law might be enacted, 

"for the establishment of the foreign trade of the United Stales 
upon principles of reciprocal benefit, becoming the dignity of a 
free and independent nation." This petition was referred to the 
committee appointed on the 11th of February, " to report a plan 
for the regulation of the trade of the United States with the coun- 
tries and settlements of the European powers in America," as 
specified in the preceding page. On the 27th of April, Mr. Lee g. journal, 
was added to this committee. P- 134 - 

On the same day, a petition of these merchants and traders h. Journal, 
was also presented to the House of Representatives, praying that P- 18 2,183. 
Congress would adopt measures to prevent foreigners from car- 



(504 HISTORY OF CONGRESS. 



CHAP. VI. Navigation, &c— Exportation and Trade. 1790. 



jst congress, rying the commodities of the continent to any port or place where 

~ the citizens of the United States are prohibited from carrying 

them. This petition was referred, on the 29th, to Messrs. Bou- 

dinot, Jackson, Tucker, Ashe, Parker, Smith, of Maryland, Cly- 

mer, Vining, Benson, Sherman, Goodhue, and Foster. On the 

16th of April, Mr. Boudinot made a report from this committee, h. Journal, 

which report was, on the 3d of May, committed to a committee P- 196 - 2 °8. 

-of the whole house, and was considered in committee, on the 

10th, 11th, 12th, 13th, and 14th, when the following resolution id. p . 213 

was reported, and agreed to by the House : — — 216, 

u Resolved — That the tonnage on all foreign built bottoms, be- 
longing to nations not in commercial treaty with the United 
States, be raised to the sum of one dollar per ton, from and after 
the first day of January next ; and that, from and after the — — 

day of , the tonnage on all such vessels be raised to ; 

and that, from and after the day of , no such vessel be 

permitted to export from the United States, any unmanufactured 
article, being the growth or produce thereof: — Provided, that 
this resolution shall not be extended to the vessels of any nation, 
w r hich permits the importation of fish, other salted provision, 
grain, and lumber, in vessels of the United States." 

Bill con- It w as then ordered, that Messrs. Madison, Sedgwick, and Hart- 

cemingthe [ eV} prepare and bring in a bill accordingly, and on the 17th, Mr. id. p. 217. 

navigation Madison presented a bill concerning the navigation and trade of 

of the u. th e United States, which was then read the first time, and, on 
States. 

the following day, received the second reading, and was commit- Id p 2 i8 

[H. B. 66.] ted to a committee of the whole house. The bill was considered 

in committee on the 25th and 29th of June, when an unsuccess- id. p. 251. 
ful motion was made to discharge the committee from further 25S * 
proceeding on the bill. The consideration of the bill was re- 
sumed in committee on the 30th, after which time there was no- 
thing further heard of it. 



litcongresB. In the Senate, on the 17th of June, 1789, a committee was 1789. 

1st Session 



appointed, consisting of Messrs. Butler, Morris, Langdon, Dalton, s. Journal, 
Trade with an d Lee, to arrange and bring forward a system for the regula- P ,35 « 
ers in tion of the trade and intercourse between the United States and 
North the territory of other powers in North America and the West In- 
& c> dies, so as to place the same on a more beneficial and perma- 

Senatere- nent footing. On the 13th of July, Mr. Butler made a report, id.p.41.58. 
P ort and on the 5th of August, Mr. Butler further reported, 



HISTORY OF CONGRESS. 



605 



Chap. Vr. 



1st Congress. 
1st Session. 



Navigation, ice— Mediterranean Trade. 



1789. 



" That it will be expedient to pass a law for imposing an in- 
creased duty of tonnage, for a limited time, on all foreign ships 
and other vessels that shall load in the United States, with the 
produce of the same, to any port or place in America, whereto 
the vessels of the United States are not permitted to carry their 
own produce ; but such a law being of the nature of a revenue 
law, your committee conceive that the originating of a bill for 
that purpose, is, by the Constitution, exclusively placed in the 
House of Representatives. 

" Your committee beg leave further to report, as their opinion, 
that it will be expedient to direct a bill to be brought in, for im- 
posing similar restraints upon the trade of the European settle- 
ments in America with the United States, that are imposed on 
the trade of the United States with those settlements. 

The Senate then adopted the following resolution : — 

" Resolved — That the first clause of this report be accepted, 
and that the remainder of the report be recommitted ; and that 
it be an instruction to the committee, in case it shall be their 
opinion that a legislative provision ought to be made on the sub- 
ject of the commitment, to report a bill for that purpose; and 
that Mr. Ellsworth, Mr. King, and Mr. Read, be added to the 
committee." 



3d Session. 

MEDITER- 
RANEAN 

Trade. 



In his speech at the opening of the third session of this Con- 1790. 
gress, the President of the United States, after a reference to the s. Journal, 
disturbed state of Europe, and the necessity of adopting measures P- 218 « 
for the security of our trade, proceeds thus: — 

Speech of "Your attention seems to be not less due to that particular h. Journal, 
President, branch of our trade which belongs to the Mediterranean. So P- 332 - 
many circumstances unite in rendering the present state of it dis- 
tressful to us, that you will not think any deliberations misem- 
ployed, which may lead to its relief and protection." 

The speech having been referred to a committee of the whole id. p. 338. 
house on the state of the Union, that committee, on the 15th of 
December, reported these resolutions. 

" Resolved — That it is the opinion of this committee, that a bill, 
or bills, ought to be brought in for the further encouragement of 
the navigation of the United States. 

" Resolved— That it is the opinion of this committee, that so 
much of the speech of the President of the United States to 
both houses of Congress, as relates to the trade of the United 



606 HISTORY OF CONGRESS. 



Chap. VI. Navigation, &c.— Mediterranean Trade. 1790-91. 



1st congress. States in the Mediterranean, ought to be referred to the secre- 

3d Sessi on. ■ , ° 

tary of state, with instruction to report thereupon to the House. ,, 

The committee appointed pursuant to the first of these reso- 
lutions, consisted of Messrs. Boudinot, Jackson, Tucker, Ashe, 
Parker, Smith, of Maryland, Clymer, Vining, Benson, Sherman, 
Goodhue, and Foster; and to these, on the 13th of January, Mr. H. Journal, 
Bourne was added. On the 10th of February, a motion was P- 354 - 
made and agreed to, to discharge this committee from further ia *P* °'°' 
proceeding on the subject. 

On the 30th of December, 1790, the speaker laid before the id. p. 346. 
House the report of the secretary of state upon that part of the 
President's speech, which relates to the trade of the United 
States in the Mediterranean; and the report was ordered to lie 
on the table. 

In the Senate, this part of the speech of the President was s. Journal, 
referred to Messrs. Langdon, Morris, King, Strong, and Ellsworth, P* 222, 
on the 13th of December, and on the 6th of January, Mr. Lang- id. p. 230. 
don made a report, which was taken up for consideration on the 
following day, when it was ordered to lie on the table. This re- 
port was recommitted on the 21st, for the purpose of taking into s. Journal, 
consideration a letter from the secretary of state, and its enclo- P* 
sures, relative to the American prisoners in Algiers. A similar 
report from the secretary of state had been transmitted to the 
House of Representatives, on the 30 th of December preceding, H. Journal, 
by the President of the United States. On the 31st, Mr. Lang- p,345> 
don made another report, from the same committee, on the same 
subject, which also was ordered to lie for consideration. And on S. Journal, 
the 1st of March, Mr. Langdon, from the same committee, re- P* 237 * 294 * 
[H.B.100.] ported the following bill : — 

" An act making an appropriation for the purposes therein 
mentioned. 

Bill ma- " Section 1. Be it enacted, by the Senate and House of Represent- 

king cer- a t{ ves f ife United States of America, in Congress assembled — That, 
tain appro- .■•_*' r «* • • • r i /• i tt • i 

priations for the purpose of effecting a recognition of the treaty of the United 

therein States with the new Emperor of Morocco, there be, and hereby 

mentioned. . . ' _ r ,, . . , ,. / 

is, appropriated a sum not exceeding twenty thousand dollars, to 

be paid out of the moneys, which, prior to the first day of Janu- 
ary next, shall arise from the duties imposed upon spirits distilled 
within the United States, and from stills, by the act, entitled 
' An act repealing, after the last day of June next, the duties 
heretofore laid upon distilled spirits imported from abroad, and 
laying others in their stead; and also upon spirits distilled within 



HISTORY OF CONGRESS. G07 



Chap. VI. Navigation, &c— Commercial Intercourse. 1791. 



ist congress, the United States, and for appropriating the same,' together 

3d Session. t~ • r • • 

with the excess of duties which may arise from the duties im- 
posed by the said act on imported spirits, beyond those which 
would have arisen by the act, entitled < An act making further 
provision for the payment of the debts of the United States,' 
and the President is hereby authorized to take on loan the whole 
sum by this act appropriated, or so much thereof as he may judge 
requisite, at an interest not exceeding six per cent, per annum, 
and the fund established for the above-mentioned appropriation 
is hereby pledged for the payment of the principal and interest 
of any loan to be obtained in manner aforesaid ; and in case of 
any deficiency in the said fund, the faith of the United States is 
hereby also pledged to make good such deficiency." 

This bill was read the first and second time: it was then moved 
to commit the bill, with an instruction to augment the sum there- 
in appropriated to sixty thousand dollars; but this motion was de- 
cided in the negative. The bill was then ordered to the third 
reading. The bill was read the third time and passed on the 2d, s. Journal, 
and was sent to the House of Representatives for concurrence. P- 298 - 
In the House, the bill was passed through its various stages on h. Journal, 
the same day. P- 400 - 

Commer- On the 14th of Februar}'-, 1791, the following message was 
cial is- transmitted by the President of the United States to the twc* 

TER- >•' 

course, houses of Congress. 

" United Stafes. February 14, 1791. 
Great Bri- • 

tain. " Gentlemen of the Senate, and House of Representatives: — 

Message of " Soon after I was called to the administration of the govern- h. Journal 
President, ment, I found it important to come to an understanding with p-377,37& 
the court of London on several points interesting to the United 
States; and particularly to know whether they were disposed to 
enter into arrangements by mutual consent, which might fix the 
commerce between the two nations on principles of reciprocal 
advantage. For this purpose, I authorized informal conferences 
with their ministers; and from these, I do not infer any disposi- 
tion, on their part, to enter into any arrangements merely com- 
mercial. I have thought it proper to give you this information, 
as it might, at some time, have influence on matters under your 
consideration. 

" G. Washington." 

On the 15th, this message was referred to Messrs. Goodhue, id. p. 379,. 
Madison, Fitzsimons, Bourne, Lawrance, Vining, and Smith, of 385. 



608 HISTORY OF CONGRESS. 



Chap. VI. Navigation, &c— Commercial Intercourse.— Rix Dollar of Denmark. 1791. 



lstcongress. South Carolina. Mr. Goodhue, from this committee, made a re- 

3d Session. ... 

port on the subject, which was taken up for consideration on the 
23d, when the House adopted the following order: — 
Call on se- " Ordered — That the said report be referred to the secretary H.journal > 
cretary of f s t a te; and that he be directed to report to Congress the nature P- 388v 
and extent of the privileges and restrictions of the commercial 
Foreign intercourse of the United States with foreign nations, and such 
neraUy &e " measures as ne sna ^ think proper to be adopted for the improve- 
ment of the commerce and navigation of the same/' 



2d congress. On the 2 1st of February, 1793, being the second session of 1793. 

2d Session. , i i t 

- — - — ; the seeond Congress, the speaker laid before the House a letter H. Journal, 

Reply of ■ f - • r> 710 

Secretary, from the secretary of state, communicating certain reasons for p * 

delaying his report on the nature and extent of the privileges 

and restrictions of the commercial intercourse of the United 

States with foreign nations, as directed by the order of this 

House, of the 23d of February, 1791, and suggesting that he is 

now ready to report on the subject, if the House will be pleased 

to direct him so to do. 

This letter was referred to Messrs. Giles, Lawrance, William id. p. 718. 
Smith, Baldwin, and B. Bourne; and, on the 25th, Mr. Giles 
made a report, which was agreed to by the House as follows: — 

i( That it is not expedient to call for the said report during 
the present session of Congress." 



lstcongress. On the 10th of February, a motion was made for the appoint- 1791, 
— — jzj~ ment of a committee to bring in a bill repealing so much of the h. Journal, 
dollar of act, entitled " An act to provide more effectually for the collec- V- 374 - 
Denmark. ^ lQn f ^ e duties imposed by law on goods, wares, and merchan- 
dise, imported into the United States, and on the tonnage of 
ships or vessels, as hath rated the rix dollar of Denmark at 
one hundred cents." This motion was committed to Messrs. 
Bourne, Sherman, and Thatcher; and, on the 24th, Mr. Bourne, 
[H.B.134,] from this committee, presented a bill, in conformity with the id. p. 389. 
motion, which was read the first time, and, on the 25th and 26th, id. p. 392, 
received the second and third reading, and was passed, with the 393 * 
title, " An act concerning the rates of foreign coin.'* The bill, 
as sent to the Senate, was as follows: — 

" Sect. 1. Be it enacted, by the Senate and House of Repre- s. journal, 
sentatives of the United States of America, in Congress as- P* 291, 



HISTORY OF CONGRESS. (JQ9 



Chap. VI. Navigation, &c— Rhode Island. 1791. 



istcongress. sembled — That so much of an act, entitled < An act to provide 

3d Session. 7 * 

more effectually for the collection of the duties imposed by law 
to Senate.. on g°°ds, wares, and merchandise, imported into the United 
States, and on the tonnage of ships or vessels/ as hath rated the 
rix dollar of Denmark at one hundred cents, be, and the same is 
hereby, repealed; and that the repeal shall be deemed to operate 
in respect to all duties which have already arisen or accrued, as 
well as to such as shall hereafter arise or accrue. 

" Sect. 2. Jind be it further enacted — That the secretary of 
the treasury be authorized and directed to estimate the value of the 
several denominations of foreign coin which are not estimated 
by law, and that the collectors of the customs, in their valuation 
of such foreign coin, be required to conform to the estimate there- 
of, which shall be made by the secretary of the treasury, pursu- 
ant to this act." 

The bill was read the first time in the Senate, on the 28th of 
February, and on the following day received the second reading, 
and was committed to Messrs. Schuyler, Monroe, and Maclay, 
from whom amendments were reported on the same day, and 
the bill was amended accordingly. The bill was then read the 
Billpassed. third time, and passed, with the following amendments: — 

Amend- " Expunge the whole of the second section. s# j ourna i 

ments. « j n t k e t « t j e? a f ter ^e wor( j < ac t ? ' expunge the whole, and p. 292. 

substitute 'relative to the rix dollar of Denmark.' " 

On the 2d of March, the House concurred in these amend- h. Journal, 
ments. P* 399> 



1st congress. The Senate, on the 28th of April, 1790, appointed Messrs. 1790. 

— Carroll, Ellsworth, Morris, Izard, and Butler, to be a commit- s. Journal, 

tee to consider what provisions would be proper for Congress p * 134, 
to make in the present session, respecting the state of Rhode 
Island. On the 5th of May, Mr. Carroll made a report, which id. p. 138, 
was taken into consideration on the 11th, when the Senate passed 139, 
the following resolution: — 

Act to pre- u Resolved — That all commercial intercourse between the 

vent im- United States and the state of Rhode Island, from and after the 

portations . . T . . , . 7 

from R. nrst day of July next, be prohibited, under suitable penalties; and 

thTunited that the President of the Unit ed States be authorized to demand 
States. of the state of Rhode Island dollars, to be paid into the 

treasury of the United States, by the day of next; 

which shall be credited to the said state, in account with the 
Vol. L— 77 



610 HISTORY OF CONGRESS. 



CHAP. VI. Navigation, &c— Accession of Rhode Island, &e. 1790. 



istcongress. United States, and that a bill, or bills, be brought in for these 

2d Session. ° 

purposes." 

It was then ordered that the committee who brought in the 
above report, prepare and report a bill accordingly. On the 
[9. B. 11.] 13th, Mr. Morris, from this committee, reported a bill on the 
subject, which was then read the first time, and which received 
the second reading on the 14th. The question being then put 
on assigning a day for the third reading, it was decided in the 
affirmative by the following vote: — 

Yeas — Messrs. Bassett, Carroll, Dalton, Ellsworth, Johnson, 
Johnston, Izard, King, Langdon, Morris, Read, Schuyler, Strong. 
—13. 

Nays — Messrs. Butler, Elmer, Gunn, Henry, Maclay, Walk- 
er, Wingate — 7. 

On the 17th, the day assigned for the third reading of the bill, S. Journal, 
it was ordered to be recommitted. Mr. Carroll reported, on the p " * 
following day, and the bill was amended according to the report, 
when the bill was read the third time, and the question being 
taken on its passage, it was decided in the affirmative, as fol- 
lows: — 

Yeas — Messrs. Bassett, Carroll, Dalton, Ellsworth, Johnson, 
Johnston, Izard, King, Langdon, Morris, Read, Schuyler, Strong. 
—13. 

Nays — Messrs. Butler, Elmer, Hawkins, Henry, Lee, Ma- 
clay, Walker, Wingate.-— 8. 

The bill was then passed with the following title — "An act to 
prevent bringing goods, wares, and merchandises, from the state 
of Rhode Island and Providence Plantations into the United 
States, and to authorize a demand of money from the said state;" 
and was sent to the House of Representatives &r concurrence. 
Accession In the House, this bill was read the first time on the 19th, and, h. journal 
of R. Is- on th e following day, received the second reading, and was com- P* 219 - 
Constitu- mitted to a committee of the whole house. On the 1st of June, I( j p 232. 
tl0n - the President communicated, by message, to the two houses, 

" the accession of the state of Rhode Island and Providence Plant- 
ations to the Constitution of the United States;" and the corn- 
Committee mit- tee °f the whole were then discharged from the further con- 
discharged sideration of the bill, the necessity for which had been so oppor- 
rom l * tunely and agreeably obviated. 

Act giv- On tne 2c * °f August, a committee was appointed by the House id. p. 286. 
ing assent f Representatives, consisting of Messrs. Ames, Jackson, and Se- 
Maryland, ney, to prepare and bring in a bill, or bills, declaring the assent 



HISTORY OF CONGRESS. qu 



Chap, VI. Navigation, &c— Laws of Maryland, &c. 1790. 



1st congress, of Congress to certain acts of the state of Maryland, Georgia, and 
Rhode Island, and Providence Plantations, for raising a duty on 
And R^isl- tne tonnage of ships or vessels entering the ports of Patapsco, 
and, con- Savannah, and Providence. A bill was reported from this com- 
tonnage mittee on the 3d, which was immediately read the first and se- H.Journal, 
duties, cond time, committed, and reported with amendments, which P« 287 * 
[H. B. 93.] were agreed to, and the bill was then ordered to the third read- 
ing. On the next day, the blanks having been filled up, the bill 
was read the third time and passed. In the Senate, the bill re- 
ceived the first reading on the 5th, and on the 6th was read the s. Journal 
second time, and committed to Messrs. Foster, Gunn, and Hen- p. 198.201. 
ry. A report was made from this committee on the 9th, when I( j p# 205. 
the bill was amended accordingly, by striking out the words 
« for the term of three years from the passing of this act," and 
inserting, in their place, the words " until the tenth day of Ja- H.Journal, 
nuary next," and, thus amended, was read the third time and P* 295, 
passed. The amendment received the concurrence of the House 
of Representatives on the same day. 



2d congress. On the 13th of February, 1792, it was ordered by the House 1799. 

1st Session. ' " 



of Representatives that a committee be appointed to prepare h. journal 
Act to con- and bring in a bill to continue an act, entitled 'An act declaring P« 507. 
tinue pre- ^ e assen t f Congress to certain acts of the states of Maryland, 
Georgia, and Rhode Island, and Providence Plantations;" and 
Messrs. Sterrett, Bourne, of Rhode Island, and Baldwin, were ap- 
pointed of this committee. And, on the 14th, Mr. Sterrett, from id. p. 508, 
[H.B.164.] this committee, presented a bill declaring the consent of Congress 
to a certain act of the state of Maryland, and to continue for a 
longer time ' An act declaring the assent of Congress to certain 
acts of the states of Maryland, Georgia, and Rhode Island, and 
Providence Plantations, so far as the same respects the states of 
Georgia, and Rhode Island, and Providence Plantations;" which 
was then read the first and second time, and committed to a 
committee of the whole house. This bill was considered in 
committee on the 9th of March, and no amendments being re- id. p. 531, 
ported, it was ordered to the third reading, after filling up a 532 - 
blank therein. On the following day, it was read the third 
time, and passed, and was sent to the Senate. In the House, 
this bill was, on the 15th, read the first and second time, and, by H.Journal, 
unanimous consent, received the third reading, and was passed, P* 410 ' 



612 HISTORY OF CONGRESS. 



CHAP. VI. Navigation, &c — Bankruptcy. 1789. 



1st congress. On the first of June, 1789, a committee was appointed by the H. Journal, 

~^~ House of Representatives, consisting of Messrs. Smith, of South p * 

kuptcy Carolina, Lawrance, and Ames, to prepare and bring in a bill, or 
System, ^ills, to establish a uniform system on the subject of bankrupt- 
cies throughout the United States. No report was made from 
this committee. 



m congress. On the 8th of November, 1791, a committee was appointed 1791. 

Jst Session. . . * * 

" by the House of Representatives, to prepare and bring in a bill, h. Journal, 

or bills, to establish a uniform system on the subject of bank- P- 451# 
ruptcies throughout the United States; and Messrs. Vining, Bou- 
dinot, Giles, Lawrance, and Gerry, were appointed of such com- 
mittee. There appears to have been no report made on the 
subject during this session. 

2d session. In the following session, on the 21st of November, 1792, a com- 1792. 



Bill toes- mittee was again appointed by the House of Representatives, on h. Journal, 
tablish uni- tne game SUD j e ct, consisting of Messrs. Wm. Smith, Boudinot, P- 623 - 
tern of Lawrance, White, and Gerry, with directions to prepare and 
bankrupt- Drm g ' m a "bill. A petition of merchants and traders of Charles- 
ton, South Carolina, stating the disadvantages under which they 
labour for want of a bankrupt law, was presented on the 3d of Id. p. 631. 
December, and referred to this committee. And, on the 10th of id. p. 636. 
[H.B.205.] December, Mr. Smith, from this committee, presented a bill to 
establish a uniform system of bankruptcy throughout the United 
States, which was read the first and second time, and committed 
to a committee of the whole house, on the second Monday of Ja- 
nuary. This bill was not afterwards acted on. 



ist congress. A petition of Adam Caldwell was presented to the House of 1790. 
3.1 session. R e p resen t a tives on the 16th of June, 1790, praying relief against h. Journal, 
Adam an imprisonment under which he was then suffering, for a viola- P- 243 > 244 - 
iXDWELi. ^. Qn o j. t ^ e j awg Q £ j. ra( j e f j-j-je u n ited States; which petition 

was, on the following day, referred to Messrs. Vining, Scott, and 

Sevier. On the 6th of August, Mr. Vining, from this commit- id. p. 292, 

293 

[H. B. 99.] tee, presented a bill, which was then read the first and second 
time, and committed to a committee of the whole house. In 
committee the bill was considered and amended, on the following 
day, and the amendments having been agreed to by the House, 
the bill was ordered to the third reading, and, on the 9th, was id. p. 294. 
read the third time and passed. The bill was read the first time 



HISTORY OF CONGRESS. 613 



CHAP. VI. Navigation, &c— Imprisonment for Debt.— St. Domingo. 1790. 



1st congress, in the Senate on the same day, and was then ordered to lie for s. Journal, 

2d Session. , * . . _ an* 

consideration; and, on the 11th, was again taken up tor conside- *'• ^°- 

ration, on the question of the second reading, when it was re- 
Postponed solved, that the bill be postponed to the next session of Congress, id. p. 208. 



2d congress. A committee was appointed by the Senate, on the 16th of 1792. 

1st oCSSlOn. m m % •at i i ' ' ' '" " 

March, 1792, to consider and report what may be necessary to s. journal, 

Bill for re- prevent the sufferings of persons imprisoned for debt, on judg- P* 411 » 
sons° im- r " ments rendered in the courts of the United States ; and Messrs. 
prisoned Ellsworth, Lee, and Strong, were appointed of such committee. 

And on the 2d of April, Mr. Ellsworth, from this committee, re- id. p. 419. 
[S. B. 33.] ported a bill for the relief of persons imprisoned for debt, which 
was then read the first time, and on the following day received 
the second reading, and, being amended, was ordered to be read 
the third time. On the 4th, it was moved to insert these words, 
as a substitute for the second section. 

" That persons imprisoned as aforesaid, shall be entitled to the 
same allowance for support as debtors confined in the same jails 
by executions issuing from the courts of such states are entitled to 
by the laws of the same, subject to the like regulations and re- 
strictions." 

This motion was determined in the negative, and the bill was H j ourna ] 
then read the third time and passed. In the House of Repre- p- 562. 
sentatives, the bill was, on the same day, read the first time, and 
on the following day, received the second reading, and was com- 
mitted to a committee of the whole house. In committee, on 
the 27th of April, the bill was considered, and reported with- id. p. 563. 
out amendment; and on the 1st of May, after being amended in M ~ Q1 
the House, the bill was read the third time and passed. The 593, 
Senate, on the 2d, disagreed to the first and second amendments 
of the House, and agreed to the last ; and on the following day, p. 436. 
the House receded from the amendments to which the Senate H. Journal, 
had disagreed. P' 595 ' 

Letter On the 18th of November, 1791, a letter from the President of s. journal, 
f er5 A^ 6 " tlie General Assembly of the French colony of St. Domingo, ex- P- 341> 



sembly of plaining the reasons of the late embargo on the American ship- u 'jf££ ' 
ping at that island, was laid before the Senate ; and by that 
body was transmitted to the House of Representatives : but no 
legislative proceeding was founded on this communication. 



614 HISTORY OF CONGRESS 



Chap. VI. Navigation, &c— Weights and Measures. 1791. 



1st congress. The expediency of adopting a uniform standard for weights 

— — and measures was suggested by the President of the United 

WE nd TS States, in his speech at the opening of the second session of the 
Measures, first Congress; and on the 15th of January, 1791, the House of H. Journal, 

Proceed- Representatives ordered the subject to be referred to the secre- P* 142, 
"JS 55 in tary of state, to prepare and report a plan for establishing uni- 
formity in the currency, weights, and measures of the United 
States. On the 13th of July, following, the secretary of state Id. p. 263. 
reported a plan, pursuant to the above order. And at the next 
3d session, session, on the 15th of December, 1791, this report was commit- id. p. 338. 
ted to a committee of the whole house. It was ordered, on the 341# 
23d, that this report should be communicated to the Senate, and 
Proceed- it was accordingly transmitted to that body. The Senate, on 
ings m Se- ^ 28th, appointed Messrs. Izard, Monroe, Morris, Langdon,and s. journal, 
Schuyler, a committee to take this report into consideration. On P- 226 - 
the 18th of January following, the secretary transmitted a post- Id. p. 233. 
script to his report. Mr. Izard, on the 1st of March, reported id. p. 292. 
from the committee of the Senate, 

" That, as a proposition has been made to the national assem- 
bly of France, for obtaining a standard of measure, which shall 
be invariable, and communicable to all nations, and at all times; 
as a similar proposition has been submitted to the British Parlia- 
ment, in their last session ; as the avowed object of these is, to in- 
troduce a uniformity in the measures and weights of the com- 
mercial nations, as a coincidence of regulation, by the govern- 
ment of the United States, on so interesting a subject, would be 
desirable, your committee are of opinion, that it would not be 
eligible, at present, to introduce any alteration in the measures 
and weights which are now used in the United States." 

This report was adopted by the Senate, and thus the inquiry 
terminated for this session. 



2d congress. On the 1st of November, 1791, Messrs. Izard, Monroe, and i7qi_qo 

]st Session. T . . _ ' ■ 14yi **• 

Langdon, were appointed a committee of the feenate, " to take St j ourna i 

into consideration the subject relative to weights and measures, p. 335. 
and report their opinion thereon. And on the 4th of April, id. p. 420. 
1792, Mr. Izard made a report from this committee, which, on 
the next day, was taken up, and considered as follows: — 

" 1. That it is their opinion, the standard for the measures 
and weights of the United States be a uniform cylindrical rod of 



HISTORY OF CONGRESS. 615 



Chap. VI. Navigation, fee— Weights and Measures. 1792. 



2d congress. i r0 n, of such length as in latitude 45° in the level of the ocean, 

1st Session. ° 

and in a cellar of uniform natural temperature, shall perform its 
weights ° r vibrations, in small and equal arcs, in one second of mean time. 
und mea- " 2. That the President of the United States be requested to 
ported. have such a standard rod provided; that it be prepared with all 
the accuracy which the importance of the object merits, and cir- 
cumstances admit ; that this be done either by actual experi- 
ments, under the parallel of 45° of latitude complete, or by ac- 
tual experiments, rectified by due allowances, under any other 
parallel, where a superiority of means for accurate experiment 
may promise, on the whole, greater truth in the result. 

" 3. That the expenses of the measures he shall adopt for this 
purpose, not exceeding dollars, be defrayed by the pub- 
lic. 

" 4. That the standard rod, so to be provided, shall be divided 
into five equal parts, one of which, to be called a foot, shall be 
the unit of measures of length for the United States. 

"That the foot shall be divided into 10 inches, 

"The inch into 10 lines, 

" The line into 10 points, and 

" That 10 feet make a decad, 

"10 decads a rood, 

"10 roods a furlong, and 

"10 furlongs a mile. 

" 5. That measures of surface in the United States be made by s Journa i 
squares of the measures of length ; and that, in the case of lands, P- 421. 
the unit shall be a square, whereof every side shall be 100 feet, 
to be called a rood. 

" That each rood be divided into tenths and hundredths, 

" That 10 roods make a double acre, 

" And 10 double acres a square furlong. 

" 6. That the unit of measures of capacity in the United States 
be a cubic foot, to he called a bushel. 

"That each bushel be divided into 10 pottles, 

" Each pottle into 10 demi-pints, 

" Each demi-pint into 10 metres, 

" That 10 bushels be a quarter, 

" And 10 quarters a last, or double ton. 

"7. That the unit of weights of the United States be a cubic 
inch of rain water, to be called an ounce, and to be measured 
and weighed in a cellar of uniform natural temperature. 

" That the ounce be divided into 10 double scruples, 

"The double scruple into 10 carats, 



616 HISTORY OF CONGRESS. 



CHAP. VI. Navigation, &c— Weights and Measures. 1792. 



2d congress. "The carat into 10 minims or demi-grains, 

1st Session. mi . . - . „ _. .. 

" The minim into 10 mites, 

Rule, &c. « That 1Q ounces make a p 0un d 
reported. r 

" 10 pounds a stone, » 

" 10 stones a quintal, 

" 10 quintals a hogshead." 

Report It was then ordered that the consideration of this report be 
postponed, postponed until the next session of Congress. 

2d session. Early in the second session of this Congress, on the 16th of No- S.Journal, 
Report vember, 1792, the above report was made the order for the fol- P- 459 - 461 * 

considered. i ow ing Monday, but was subsequently postponed to the first Mon- 
day of December. It was again taken up and debated on the 
last named day, and on the 6th and 17th, when it was moved to Id. p. 463. 
postpone the further consideration of the motion, and adopt the 
following resolution : — 

" Resolved — That the present measures of length be retained 
and fixed by an invariable standard ; that the measures of surface 
remain as they are, and be invariable also as the measures of 
length, to which they are to refer ; that the unit of capacity, now 
so equivocal, be settled at a medium and convenient term, and de- 
fined by the same invariable measures of length, that the more 
known terms in the two kinds of weights be retained and re- 
duced to one series, and that they be referred to a definite mass 
of some substance, the specific gravity of which never changes; 
and that a committee be appointed to bring in a bill accord- 
ingly." 

This motion caused some debate, and, on the following day, id. p. 464. 
after being amended by striking out the words "and that a 
committee be appointed to bring in a bill accordingly," was 
postponed, in order to take up the following motion: — 
Motions to " 1st- That the units of the measures and weights of the 

postpone United States shall be equal to certain measures and weights now 
and amend. ° 

in use. 

" 2d. That the standard for the measures and weights of the 
United States, be a uniform cylindrical rod of metal, of such 
length as, in the latitude of forty-five degrees, on the level of 
the ocean, and in a cellar of uniform natural temperature, shall 
perform its vibrations in small and equal arcs in one second of 
mean time, and which standard rod shall be divided into four 
hundred and eighty-nine equal parts. 

« 3d. That the unit of measures of length shall be a foot, which 






HISTORY OF CONGRESS. 617 



Chap. VI. Navigation, &c— Weights and Measures. 1792-93. 



ai congress. s hall be equal in length to one hundred parts of the aforesaid 
standard rod. 

" That sixty-six feet shall be a chain, and eighty chains a 
mile. 

"4th. That measures of surface be made by squares of the 
measures of length; but in the case of land, the unit shall be an 
acre, which shall contain forty-three thousand five hundred and 
sixty square feet, or shall be ten chains in length, and one in 
breadth. 

" 5th. That the unit of measures of capacity shall be a bushel, 
which shall be one foot square, and one foot and twenty-five 
cents of a foot deep, and shall contain one cubic foot and a quar- 
ter. 

" 6th. That the unit of weights shall be a pound, which shall 
be equal to the pound avoirdupois now in use, and shall be equal 
in weight to a quantity of rain water twenty cents of a foot 
square, and forty cents deep, or sixteen thousand cubic cents of 
a foot, measured and weighed in a cellar of uniform natural tem- 
perature. 

" 7th. That the units of the measures and weights of the United 
States shall be divided into cents, or hundredth parts, and, where 
necessary, into milles, or thousandth parts, and, in the case of 
weights, the mille shall be divided into seven grains, equal to 
seven grains Troy." 

And, after some debate, the motion for postponement, made 
yesterday, as amended, together with the motion last made, was 
Referredto referred to Messrs. Rutherford, Monroe, Izard, Ellsworth, and 
committee. Langdon. Prom this committee, Mr. Rutherford made a report g. j ourna ] 

Report on the 29th of January following, which was ordered to be print- P- 4 ^ 6 « 
made, and e( j. ana * ? on the 8th of February, the consideration of the report id. p. 482, 
postponed, was ordered to be postponed till the next session of Congress. 



Vol. I.— 78 



018 HISTORY OF CONGRESS. 



Chap. VII. Public Debt. 1789. 



1st Congress. 
1st Session. 



CHAPTER VII. 

Bill making Provision for Public Debt — Debt of Georgia — Reduction of Debt— - 
Report of Commissioners of Sinking Fund — Lost Evidences of Debt — Debt to 
Foreign Officers — Public Creditors of Pennsylvania — Dutch Loan — Subscrip- 
tions of Domestic Debt — Claims barred by Acts of Limitation, and not barred — 
Interest on Sums granted for Indemnities — Loans to pay Debts due to States — 
Information concerning Dutch Loan — Receiving Loan in Domestic Debt — 
Claim of Maryland — Commissioners of Public Debt — Provisions for Commis- 
sioners of Loans — Bill to incorporate United States Bank — Supplementary 
Bill — Bill to reimburse Loan made of United States Bank — Balances due to 
the United States — Call on Trustees of Sinking Fund for Information — Me- 
morials concerning Depreciation of Currency. 

The public debt forced itself on the consideration of Congress h. Journal, 
at an early period, and one of the first objects of the House of P* 117 - 
Representatives was to obtain the information required by the 
following order, which issued from that branch of the legisla- 
ture on the 21st of September, 1789. 

Call on se- " Ordered — That the secretary of the treasury be directed to 

cretary of app ly to the supreme executors of the several states, for state- 

treasurv. 

ments of their public debts; of the funds provided for the pay- 
ment, in whole or in part, of the principal and interest thereof; 
and of the amount of the loan-office certificates, or other public 
securities of the United States, in the state treasuries respective- 
ly; and that he report to the House such of the said documents 
as he may obtain, at the next session of Congress." 

m session. In tne third chapter of this work, certain resolutions relative 1790. 
Bill mak- to the public debt and the expediency of effecting a new modifi- h. Journal, 
ing provi- ca tion of the domestic debt, have been given. These resolutions P« 21 °- 
debt of the were adopted on the 29th of March and 26th of April. [Journal, 
U. States. p # 184 and 200, 201.] On the last named day, a committee was 
appointed to prepare and bring in a bill pursuant to these reso- 
lutions; and, from this committee, on the 6th of May, Mr. Stone 
[H. B. 63.1 introduced a bill making provision for the debt of the United 
States, which was then read the first and second time, and com- 
mitted to a committee of the whole house. The bill was consi- 
dered in committee of the whole, on the 19th, 20th, 21st, 24th, id. p. 219 
and 25th of May, when the chairman (Mr. Seney) reported that -~ 221 * 
the committee had agreed to the first twelve sections of the bill, 



HISTORY OF CONGRESS. QlQ 



Ckiv.VH. Public Debt. 1790. 



1st congress, with amendments, and prayed to be discharged from the further 

2d Session. r • nC 

■*"" consideration of it. The committee were discharged on the H. Journal, 

p 222 
26th, and the House then proceeded to consider the several p ' 

amendments to the first, second, fourth, eighth, and twelfth sec- 
tions of the bill, which were agreed to. The following amend- 
ment to the third section being under consideration; to wit: — 

" To the end of the section, add, ( Those which shall be is- Id. p. 223. 
sued for the bills of credit, issued by the authority of the United 
States in Congress assembled, at the rate of one hundred dollars, 
in the said bills, for one dollar in specie. 9 " 

It was moved, and agreed to, to strike out the words " one 
Motions to hundred." It was then moved to insert, in lieu of the words 
amend * stricken out, the words "seventy-five;" and the question being 
taken on this motion, it was decided in the affirmative by the fol- 
lowing vote: — 

Ayes — Messrs. Ames, Benson, Boudinot, Burke, Cad waladei, 
Fitzsimons, Floyd, Foster, Gale, Gerry, Gilman, Goodhue, Grif- 
fin, Grout, Hathorn, Huger, Huntington, Leonard, Livermore, 
Partridge, Van Rensselaer, Schureman, Sedgwick, Sherman, 
Silvester, Smith, of Maryland, Sturges, Sumpter, Thatcher, 
Tucker, Wynkoop. — 31. 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Carroll, Coles, 
Contee, Hartley, Heister, Jackson, Lawrance, Lee, Madison, jr., 
Mathews, Moore, Muhlenberg, Page, Scott, Seney, Sinnickson, 
Smith, of South Carolina, Steele, Stone, Trumbull, White, Wil- 
liamson. — 25. 

It was then moved to amend the bill, by adding to it the fol- 
lowing proviso: " Provided, That interest shall be computed on 

the said bills, from the day of , 1781." The 

question being put on this motion, it was determined in the ne- 
gative, by the following vote: — 

Ayes — Messrs. Ames, Foster, Gerry, Gilman, Goodhue, id. p, 224. 
Grout, Hathorn, Huger, Leonard, Livermore, Partridge, Sedg- 
wick, Sumpter, Thatcher, Tucker. — 15. 

Noes — Messrs. Ashe, Baldwin, Benson, Bloodworth, Boudi- 
not, Burke, Cadwalader, Carroll, Coles, Contee, Fitzsimons, 
Floyd, Gale, Griffin, Hartley, Heister, Huntington, Jackson, 
Lawrance, Lee, Madison, jr., Mathews, Moore, Muhlenberg, 
Page, Parker, Van Rensselaer, Schureman, Scott, Seney, Sher- 
man, Silvester, Sinnickson, Smith, of Maryland, Smith, of South 
Carolina, Steele, Stone, Sturges, Trumbull, White, Williamson, 
Wynkoop. — 42. 



620 HISTORY OF CONGRESS. 



Chap. VII. Public Debt. 1790. 



istcongress. The amendment to the third section, as before amended, was 

■- then agreed to, and the bill was further amended; and, on the 

27th, the bill was ordered to the third reading. On the 2d of 
June, the bill was passed; and, on the same day, was read the 
first time in the Senate. The second reading produced a discus- s. Journal, 
sion, which occupied the 3d, 7th, 9th, 10th, and 11th of June, P- 150, 151. 
when it was committed to Messrs. Lee, Ellsworth, Maclay, and ^' 
Paterson. Mr. Lee made a report from this committee on the id. p# 153. 
15th, which was considered and debated on the 16th, 17th, 18th, 162 » 163 - 
and 21st, when, 

On motion to agree to the following paragraph of the report; 
to wit: "In the 4th section, 2d line, strike out from the word 
c entitled,' to the word * or,' at the end of the next paragraph, 
inclusive: also, strike out from the word ' sum,' in the 5th line 
of the next paragraph, to the proviso at the end of the section; 
and then the bill will read, ' That, for any sum which shall be 
subscribed to the said loan by any person or persons, or body 
politic, the subscriber or subscribers shall be entitled to a certi- 
ficate, purporting that the United States owe to the holder or 
holders thereof, his, her, or their assigns, the whole of the sum 
by him, her, or them subscribed; bearing an interest of temper 
cent, per annum, payable quarter yearly, and subject to redemp- 
tion, by payments not exceeding in one year, on account of both 
principal and interest, the proportion of six dollars upon a hun- 
dred of the same sum: Provided, ahvays — That it shall not be 
understood that the United States shall be bound or obliged to 
redeem in the proportion aforesaid, but it shall be understood, 
only, that they have a right so to do.' 

"The design of this amendment of your committee, is to dis- 
charge the alternatives proposed in the bill, and to fund the do- 
mestic debt of the United States at an interest of four per cent, 
per annum." 

The question, on agreeing to the clause, having been put, it 
was decided in the affirmative, by the following vote: — 

Yeas — Messrs. Bassett, Carroll, Dalton, Ellsworth, Few, 
Hawkins, Henry, Johnston, Lee, Maclay, Read, Strong, Win- 
gate.— 13. 

Nays — Messrs. Butler, Gunn, Johnson, Izard, King, Lang- 
don, Morris, Paterson, Schuyler, Walker. — 10. 
Ordered to On the 22d, the report of the committee was accepted as an w. p. 164. 
third read- amendment to the bill, which was then ordered to the third 
reading. 



HISTORY OF CONGRESS. 621 



CffAP.VIL Public Debt. 1790. 



i«t Congress. In the mean time, Mr. Ellsworth had, on the 13th of June, 

2d Session. . . «■••»•• . t >»i » • •• c 

given notice that he should bring in a bill, making provision lor 

the debts of the respective states; but, instead of doing this, on 
the 14th, he submitted to the Senate the following motion: — 

Mr. Ells- " Resolved — That provision shall be made, the next session s. Journal, 
worth's f Congress, for loaning to the United States a sum not exceeding P* 155 - 157 - 
twenty-two millions of dollars, in the certificates issued by the 
respective states for services or supplies towards the prosecution 
of the late war. The certificates which shall be loaned, to stand 
charged to the respective states by whom they were issued, un- 
til a liquidation of their accounts with the United States can be 
completed." 

An unsuccessful motion was then made to assign the following id. p. 176. 
day for the consideration of this motion ; and, on the 2d of July, 
it was committed to Messrs. Carroll, Lee, Strong, Ellsworth, and 
Paterson. Mr. Carroll made a report from this committee, as 
follows : — 
Report of " Whereas a provision for the debt of the respective states by id. p. 177, 

committee, ^ ie Umted States would be greatly conducive to an orderly, eco- 
on motion. ° J , J 

nomical, and effectual arrangement of the public finances; would 

tend to an equal distribution of burdens among the citizens of 
the several states ; would promote more general justice to the 
different classes of public creditors ; and would serve to give sta- 
bility to public credit : and whereas the said debts, having been 
essentially contracted in the prosecution of the late war, it is just 
that such provision should be made: 

* Resolved — That a loan be proposed, to the amount of twenty- 
one millions of dollars, and that subscriptions to the said loan be 
received at the same times and places, by the same persons, and 
upon the same terms, as in respect to the loan which may be pro- 
posed concerning the domestic debt of the United States, subject 
to the exceptions and qualifications hereafter mentioned ; and that 
the sums which shall be subscribed to the said loan shall be paya- 
ble in the principal and interest of the certificates or notes, which, 
prior to the first day of January last, were issued by the respect- 
ive states, as acknowledgments or evidences of debts by them re- 
spectively owing, and which shall appear, by oath or affirmation, 
(as the case may be,) to have been the property of an individual 
or individuals, or body politic, other than a state, on the said first 
day of January last : Provided — That no greater sum shall be re- 
ceived in the certificates of any state, than as follows ; that is to 
say: — 



622 HISTORY OF CONGRESS. 



CHAP. VII. Public Debt. 1790. 



1st congress. " In those of New Hampshire, - $300,000 s. Journal, 



2d Session 



" la those of Massachusetts, - 4,000,000' P« 178. 



Report of « j n tnose f Rhode Island and Providence Plantations, 200,000 

committee. 4*i n t h ose of Connecticut, ... - 1,600,000 

" In those of New York, - - - - 1,200,000 

" In those of New Jersey, - 800,000 

"In those of Pennsylvania, - - - - 2,200,000 

"In those of Delaware, - 200,000 

"In those of Maryland, - - - 800,000 

" In those of Virginia, 3,200,000 

" In those of North Carolina, - - - 2,200,000 

"In those of South Carolina, - - - 4,000,000 

" In those of Georgia, 300,000 

$21,000,000 

"And provided — That no such certificate shall be received, 
which, from the tenor thereof, or from any public record, act, 
or document, shall appear, or can be ascertained to have been 
issued for any purpose other than compensations and expendi- 
tures for services or supplies towards the prosecution of the late 
war, and the defence of the United States, or of some part there- 
of, during the same. 

" Resolved — That the interest upon the certificates which shall 
be received in payment of the sums subscribed towards the said 
loan, shall be computed to the last day of the year one thousand 
seven hundred and ninety-one, inclusively; and the interest upon 
the stock, which shall be created by virtue of the loan that may 
be proposed in the domestic debt of the United States. 

" Resolved — That, if the whole of the sum allowed to be sub- 
scribed in the debt or certificate of any state, as aforesaid, shall 
not be subscribed within the time for that purpose limited, such 
state shall be entitled to receive, and shall receive, from the 
United States, at the rate of four per centum per annum, upon 
so much of the said sum as shall not have been so subscribed, in 
trust for the non-subscribing creditors of such state, to be paid in 
like manner as the interest on the stock which may be created 
by virtue of the said loan, and to continue until there shall be a 
settlement of accounts between the United States and the indivi- 
dual states; and, in case a balance shall then appear in favour of 
such state, until provision shall be made for the said balance. 

"But, as certain states have, respectively, issued their own 
certificates in exchange for those of the United States, whereby 
it might happen that interest might be twice payable on the same 
sums: 



HISTORY OF CONGRESS. 623 



Public Debt. 1790. 



1st congress. " Resolved — That the payment of interest, whether to states 
— or to individuals, in respect to the debt of any state, by which 

I mnSttee f sucn excnan S e sna11 nave been made > sna11 De suspended until it 
shall appear to the satisfaction of the secretary of the treasury, 
that certificates issued for that purpose, by such state, have been 
re-exchanged or redeemed, or until those which shall not have 
been re-exchanged or redeemed, shall be surrendered to the 
United States. 

" And, it is further 

"Resolved — That the faith of the United States be, and the 
same is hereby, pledged to make like provision for the payment 
of interest on the amount of the stock arising from subscriptions 
to the said loan, with the provision, which shall be made touch- 
ing the loan that may be proposed in the domestic debt of the 
United States; and so much of the debt of each state as shall be 
subscribed to the said loan, shall be a charge against such state, 
in account with the United States." 



port. 



Motions to It was then agreed that the preamble should be postponed, 
*™£ nd re " And it was moved to amend the first paragraph of the report, 
as follows: — 

li After the word c persons/ in the 3d line, strike out, ' and s. Journal, 
upon the same terms as in respect to the loans which may be p * 
proposed, concerning the domestic debt of the United States, T 
and insert, after the word * mentioned, 5 in the 5th line, as fol- 
lows: ' And the subscribers shall receive certificates ft>r the prin- 
cipal and interest of the sum so subscribed, one of which certifi- 
cates shall purport, that the United States owe to the holder or 
holders thereof, his, her, or their assigns, a sum equal to two* 
thirds of the said sum so subscribed, bearing an interest of six 
per centum per annum, payable quarter yearly, and subject to* 
redemption by payments, not exceeding, in one year, on ac- 
count both of principal and interest, the proportion of eight dol- 
lars upon a hundred of the" sum mentioned m such certificate^ 
and, to another certificate, purporting that the United States owe 
to the holder or holders thereof, his, her, or their assigns, a sum 
equal to twenty-six dollars and eighty-eight cents, on every hun- 
dred dollars of the sum so subscribed, which, after the year one- 
thousand eight hundred, shall bear an interest of six per centum 
per annum, payable quarter yearly, and subject to redemption 
by payments, not exceeding in one year, on account both of prin- 
cipal and interest, the proportion of eight dollars upon a hun>- 
dred of the sum mentioned in such certificate: Provided, al- 



624 HISTORY OF CONGRESS. 



Chap. VII. Public Debs. 1790. 



1st congress, waijs — That it shall not be understood that the United States shall 

2d Session. , ., . , . , . , ., . _ .,, 

be bound or obliged to redeem, in the proportion aforesaid, but it 

^end nSt ° sha11 be understood onl y that the y ha ve a right so to do.' " 

A motion was made to postpone the amendment, with a view 
to take the opinion of the Senate, whether the debts of the indi- 
vidual states shall be assumed by the United States; but this mo- 
tion was decided in the negative, as was also a motion to agree 
to the amendment proposed to the report of the committee. It 
was then resolved that the rule prescribed for the second reading 
of bills be adopted, in considering the report of the committee. 
After this, a motion to strike out the words " twenty-one mil- 
lions of dollars/' in the first paragraph of the report, and that it 
stand a blank, was determined in the negative. 

The consideration of this report having been resumed on the 
the following day, when the question being put, on motion to 
agree to the following paragraph: — 

u Resolved — That a loan be proposed to the amount of twenty- s. Journal, 
one millions of dollars, and that subscriptions to the said loan be P" 
received at the same times and places, by the same persons, and 
upon the same terms, as in respect to the loans which may be 
proposed concerning the domestic debt of the United States, 
subject to the exceptions and qualifications hereafter mentioned i 9> 

It was decided in the affirmative, by the following vote: — 

Yeas — Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, 
Johnson, Izard, King, Langdon, Morris, Paterson, Read, Schuy- 
ler, Strong. — 14. 

Nays — Messrs. Bassett, Few, Foster, Hawkins, Henry, John- 
ston, Lee, Maclay, Stanton, Walker, Wingate. — 11. 

The residue of the paragraph, from the words " and that 
the sums," to the words " January last," inclusive, was then 
agreed to. 

It was then moved to add to the paragra ph just agreed to, af- 
ter the words u January last," these words, " and in bills of the 
new emission money due from the states respectively;" but the 
motion was not successful. The clauses of the report, to the end 
of the schedule, were then adopted. A motion to expunge the 
last paragraph of the first resolution as reported; to wit: from 
the words " and provided," to the word " same," inclusive, was 
rejected, and the paragraph was then agreed to. 

The second resolution, as reported, was then agreed to. 

It was then moved to amend the third resolution, by striking 
out these words, "at the rate of four per centum per annum? 



HISTORY OF CONGRESS. 025 



Chap. VII. Public Debt. 1790. 



istcongress. a nd insert " an interest of per centum per annum, at the 

2d Session. -» . 

*~ same rate as shall be allowed to the domestic creditors of the 

amend! 8 ° United States;" but this motion was not sustained: and the 
question being taken on agreeing to the resolution as reported, 
it was decided in the affirmative, by the following vote : — 

Yeas — Messrs. Bassett, Carroll, Ellsworth, Few, Gunn, Haw- 
kins, Henry, Johnson, Johnston, Izard, Lee, Maclay, Read, Stan- 
ton, Walker. — 15. 

Nays — Messrs. Butler, Dalton, Elmer, Foster, King, Langdon, 
Morris, Paterson, Schuyler, Strong, Wingate. — 11. 

The fourth resolution, with the preamble, was then agreed to. 

It was then moved to expunge, in the last resolution, these 
words, " From subscriptions to the said loan," and to insert in 
their place the words, " under this act ;" but this motion was de- 
termined in the negative ; and the resolution, as reported, was 
agreed to. 

It was then moved to agree to the preamble of the report, 
and the question being put, it was decided in the affirmative, by 
the following vote : — 

Yeas — Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, Few, 
Foster, Johnson, Izard, King, Langdon, Morris, Paterson, Read, 
Schuyler, Strong. — 16. 

Nays — Messrs. Bassett, Gunn, Hawkins, Henry, Johnston, Lee, 
Maclay, Stanton, Walker, Wingate. — 10. 
Report and A motion was then made, that the report of the committee, 
bi ?{ , com " together with the bill entitled " An act making provision for the 
debt of the United States," be referred to a special committee ; 
and the question being taken on this motion, it was decided in the 
negative, by the following vote : — 

Yeas — Messrs. Butler, Dalton, Gunn, Johnson, Izard, King, 
Morris, Paterson, Schuyler, Strong. — 10. 

Nays — Messrs. Bassett, Carroll, Ellsworth, Elmer, Few, Fos- 
ter, Hawkins, Henry, Johnston, Langdon, Lee, Maclay, Read, 
Stanton, Walker, Wingate. — 16. 

The report of the committee was then ordered to another 
reading; and, on the 15th, the report, and the bill making pro- 
vision for the debt of the United States, were committed to 
Messrs. Butler, Morris, Read, Ellsworth, King, Lee, and Strong. 

On the 16th, Mr. Butler, from this committee, made report as 
follows : — 

Report of " That, having maturely considered all circumstances, they s. Journal, 
committee. are of opinion) that the principal of the domestic debt should be P- 181 - 
Vol. I.— 79 



626 HISTORY OF CONGRESS; 



CHAP.Vn. Public Debt. 1790. 



ist congress, funded agreeably to the third alternative, in the report of the 

2d Session . ° " ' 

* secretary of the treasury; and that the interest which may be 

^P 01 ** due thereon, including indents, be funded at the rate of three 
per ce?it. per annum ; and that whatever sum the legislature 
may think proper to assume of the states' debts, be funded at 
the proportion of two-thirds thereof, agreeably to the third al- 
ternative in the secretary's report, and the other third at three 
per cent, per annum. 

" Your committee further recommend that the resolutions for 
the assumption be added to the funding bill, and the whole made 
one system." 

Report a- The whole of the first paragraph of this report having been 
greed to. aa0 pted, the question was put on agreeing to the last, and was 
decided in the affirmative, as follows : — 

Yeas — Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, Few, 
Johnson, Izard, King, Langdon, Morris, Paterson, Read, Schuy- 
ler, Strong. — 15. 

Aays — Messrs. Bassett, Foster, Gunn, Hawkins, Henry, John- 
ston, Lee, Maclay, Stanton, Walker, Wingate. — 11. 

So the report was accepted by the Senate, and the report S. Journal, 
committed on the 15th: the report now agreed to, and the bill p * 
making provision for the debt of the United States, were recom- 
mitted, with an instruction to the committee to conform the bill 
to the principles of the reports. And, on the following day, Mr. 
Butler, from the committee, reported the bill amended upon the 
principles agreed to ; and, on the 19th, the Senate agreed to Id. p. 183. 
amend the bill according to the report. The question on the 
third reading of the bill then came up, when several amend- 
ments were agreed to. A motion was then made further to 
amend the bill in the third section, and to provide for funding of 
the bills of credit issued by the authority of the United States, 
at the rate of forty for one ; but this motion was decided in the 
negative, by the following vote : — 

Yeas — Messrs. Dalton, Foster, King, Langdon, Morris, Pater- 
son, Schuyler, Strong, Wingate. — 9. 

Kays — Messrs. Bassett, Butler, Carroll, Ellsworth, Elmer, Few, 
Gunn, Hawkins, Henry, Johnston, Izard, Lee, Maclay, Read, 
Stanton, Walker.— 16. 
Motions to A motion so to amend the section as that the above-mentioned 
amcnd bills of credit be funded at the rate of seventy-five for one, 
was equally unsuccessful. It was then agreed, in line 23d, to 
strike out u seventy-five," and fund the said bills of credit at the 



HISTORY OF CONGRESS. 627 



Chap. VII. Public Debt. 1790. 



1st congress. ra t e of one hundred for one; and to strike out from the original 

2d Session. ' ° 

; bill the proviso in the third section. 

^end? St ° I* was tnen a g r eed to strike out the whole of section fourth, 
and insert section fourth and fifth amended. 

A motion was then made to amend section fourth of the 
amendment, to read as follows : " And be it further enacted — That 
for the whole, or any part of any sum subscribed to the said loan 
by any person or persons, or body politic, which shall be paid in 
the principal of the said domestic debt, the subscriber or sub- 
scribers shall be entitled to a certificate, purporting that the 
United States owe to the holder or holders thereof, his, her, or 
their assigns, a sum to be expressed therein, equal to the sum so 
paid, bearing an interest of six per centum, payable quarter year- 
ly, and subject to redemption, by payments, not exceeding, in one 
year, on account, both of principal and interest, the proportion of 
seven dollars upon a hundred of the sum mentioned in such cer- 
tificate: Provided, always, That it shall not be understood that 
the United States shall be bound or obliged to redeem in the pro- 
portion aforesaid ; but it shall be understood only that they have 
a right so to do;" and the question being taken, it was decided 
in the negative, as follows: — 

Yeas — Messrs. Gunn, King, Morris, Paterson, Schuyler, Wal- 
ker.— 6. 

Nays — Messrs. Bassett, Butler, Carroll, Dalton, Ellsworth, El- 
mer, Few, Foster, Hawkins, Henry, Johnston, Izard, Langdon, 
Lee, Maclay, Read, Stanton, Strong, Wingate. — -19. 

It was then moved to amend the first clause of the amend- 
ment agreed to, in the fourth section, so as to read thus: " And 
be it further enacted — That, for the whole or any part of any 
sum subscribed to the said loan, by any person or persons, or 
body politic, which shall be paid on the principal and interest of 
the said domestic debt, so as to enable the subscribers to the loan 
to pay their subscriptions in interest as well as pincipal; and the 
question being taken on this motion, it was decided in the nega- 
tive, by the following vote : — 

Yeas — Messrs. Few, Hawkins, King, Langdon, Morris, Pater- 
son, Schuyler, Walker. — 8. 

Nays — Messrs. Bassett, Butler, Carroll, Dalton, Ellsworth, El- 
mer, Foster, Gunn, Henry, Johnston, Izard, Lee, Maclay, Read, 
Stanton, Strong, Wingate. — 17. 

Another motion was then made to amend the amendment 

agreed to, so that the fourth section may provide that the second 

^ certificate given the subscriber should entitle him to " a sum to 



628 HISTORY OF CONGRESS. 



Chap. VII. Public Debt. 1790. 



^congress, be expressed therein, equal to the proportion of thirty-three and 
one-third dollars, instead of twenty-six dollars and eighty-eight 
amend" 310 cents ' u P on one nundred of tn e sum so paid, which, after the 
year eighteen hundred, shall bear an interest of six per cent.; 
and the question being taken on this motion, it was determined 
in the negative, by the following vote : — 

Yeas — Messrs. Butler, Elmer, Henry, King, Langdon, Morris, 
Paterson, Schuyler, Walker. — 9. 

Nays — Messrs. Bassett, Carroll, Dalton, Ellsworth, Few, Fos- 
ter, Hawkins, Johnston, Izard, Lee, Maclay, Read, Stanton, 
Strong, Wingate. — 15. 

It was then moved to amend the fourth section of the amend- s. Journal, 
ment agreed to, as follows: " And be it further enacted — That, P- 184, 
for the whole or any part of any sum subscribed to the said loan, 
by any person or persons, or body politic, which shall be paid on 
the principal of the said domestic debt, the subscriber or sub- 
scribers shall be entitled to a certificate, purporting that the 
United States owe to the holder or holders thereof, his, her, or 
their assigns, the whole of the sum by him, her, or them sub- 
scribed, bearing an interest of four per centum per annum, paya- 
ble quarter yearly, and subject to redemption by payments, not 
exceeding, in one year, on account both of principal and inte- 
rest, the proportion of six dollars upon a hundred of the said 
sum : Provided, that it shall not be understood that the United 
States shall be bound, or obliged, to redeem in the proportion 
aforesaid, but it shall be understood only, that they have a right 
so to do;" and the question being taken on this motion, it was 
decided in the negative, as follows: — 

Yeas — Messrs. Bassett, Few, Foster, Hawkins, Johnston, 
Maclay, Stanton, Wingate. — 8. 

Nays — Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, 
Gunn, Henry, Izard, King, Langdon, Lee, Morris, Paterson, 
Read, Schuyler, Strong, Walker. — 17. 

A motion was then made to amend the last clause of the last 
amendment agreed to, namely, of section fifth, so as to entitle 
the subscriber for any sum subscribed to the said loan, and which 
■shall be paid in the interest of the domestic debt, to a certificate 
for such sum subscribed, bearing an interest of six per cent.; and 
the question being taken, it was decided in the negative, as fol- 
lows: — 

Yeas — Messrs. King, Morris, Paterson, Schuyler, Walker. 
—5. 

Nays — Messrs. Bassett, Butler, Carroll, Dalton, Ellsworth, 



HISTORY OF CONGRESS. C29 



Chip. VII. Fublic Debt. 1790. 



istcongress. Elmer, Few, Foster, Gunn, Hawkins, Henry, Johnston, Izard, 
— ^ — ~ Langdon, Lee, Maclay, Read, Stanton, Strong, Wingate. — 20. 
wnend nSt ° * fc was tnen move d to amend the same clause of the same sec- 
tion, so as to entitle the subscribers, for any sum subscribed to 
the said loan, and which shall be paid in the interest of the do- 
mestic debt, to a certificate for the sum subscribed, bearing an 
interest of four per cent; and the question being put on this mo- 
tion, it was decided in the negative by the following vote: — 

Yeas — Messrs. Elmer, Henry, King, Langdon, Morris, Pa- 
terson, Schuyler, Walker. — 8. 

Nays — Messrs. Bassett, Butler, Carroll, Dalton, Ellsworth, 
Few, Foster, Gunn, Hawkins, Johnston, Izard, Lee, Maclay, 
Read, Stanton, Strong, Wingate. — 17. 

Several other amendments were then made in the bill, and its 
further consideration was postponed till to-morrow. 

The question of the third reading of the bill being resumed on s. Journal, 
the 20th, a motion was then made to strike out the following sec- P- 185 - 
tions reported by the committee: — 

" Sect. 13. And whereas, a provision for the debts of the re- 
spective states, by the United States, would be greatly conducive 
to an orderly, economical, and effectual arrangement of the pub- 
lic finances: 

" Be it, therefore, further enacted — That a loan be proposed 
to the amount of twenty-one millions and five hundred thousand 
dollars, and that subscriptions to the said loan be received at the 
same times and places, and by the same persons, as in respect to 
the loan hereinbefore proposed concerning the domestic debt of 
the United States; and that the sums which shall be subscribed 
to the said loan, shall be payable in the principal and interest of 
the certificates or notes, which, prior to the first day of January 
last, were issued by the respective states, as acknowledgments 
or evidences of debts by them respectively owing: Provided — 
That no greater sum shall be received in the certificates of any 
state, than as follows; that is to say: — 

44 In those of New Hampshire, - §300,000 

" In those of Massachusetts, - - - 4,000,000 
" In those of Rhode Island and Providence Plantations, 200,000 

44 In those of Connecticut, - 1,600,000 

44 In those of New York, - - - - 1,200,000 

44 In those of New Jersey, - 800,000 

44 In those of Pennsylvania, - 2,200,000 

$10, 300,000 



630 HISTORY OF CONGRESS. 



Chap .VII. Public Debt. 1790. 



1st congress. Amount brought over, - <g 10, 300,000 

2d Session. 



" In those of Delaware, - 200,000 

Motions to u i n those of Maryland, - 800,000 

"In those of Virginia, ----- 3,500,000 

" In those of North Carolina, - 2,400,000 

"In those of South Carolina, - 4,000,000 

" In those of Georgia, - 300,000 



821,500,000 

" Jlnd provided — That no such certificate shall be received, 
which, from the tenor thereof, or from any public record, act, 
or document, shall appear, or can be ascertained, to have been 
issued for any purpose other than compensations and expendi- 
tures for services or supplies towards the prosecution of the late 
war, and the defence of the United States, or of some part there- 
of, during the same. 

" Sect. 14. And be it further enacted — That, for two-thirds 
of any sum subscribed to the said Joan, by any person or persons, 
or body politic, which shall be paid in the principal and interest 
of the certificates or notes issued as aforesaid, by the respective 
states, the subscriber or subscribers shall be entitled to a certifi- 
cate, purporting that theUnited States owe to the holder or holders 
thereof, his, her, or their assigns, a sum to be expressed therein, 
equal to two-thirds of the aforesaid two-thirds, bearing an inte- 
rest of six per centum per annum, payable quarter yearly, and 
subject to redemption by payments, not exceeding, in one year, 
on account both of principal and interest, the proportion of se- 
ven dollars upon a hundred of the sum mentioned in such certi- 
ficate; and, to another certificate, purporting that the United 
States owe to the holder or holders thereof, his, her, or their as- 
signs, a sum to be expressed therein, equal to the proportion of 
twenty-six dollars and eighty-eight cents upon a hundred of the 
said two-thirds of such sum so subscribed, which, after the year 
one thousand eight hundred, shall bear an interest of six per cen- 
tum per annum, payable quarter yearly, and subject to re- 
demption by payments, not exceeding, in one year, on account 
both of principal and interest, the proportion of seven dollars 
upon a hundred of the sum mentioned in such certificate; and 
that, for the remaining third of any sum so subscribed, the sub- 
scriber or subscribers shall be entitled to a certificate, purporting 
that the United States owe to the holder or holders thereof, his, 
her, or their assigns, a sum to be expressed therein, equal to the 
said remaining third, bearing an interest of three per centum per 



HISTORY OF CONGRESS. 631 



Chap. VII. Public Debt. 1790. 



1st congress, annum, payable quarter yearly, and subject to redemption by 
payment of the sum specified therein, whenever provision shall 
be made by law for that purpose. 

" Sect. 15. And be it further enacted — That the interest s. Journal, 
upon the certificates which shall be received in payment of the P- 186 « 
sums subscribed towards the said loan, shall be computed to the 
last day of the year one thousand seven hundred and ninety-one, 
inclusively; and the interest upon the stock, which shall be cre- 
ated by virtue of the said loan, shall commence or begin to ac- 
crue on the first day of the year one thousand seven hundred 
and ninety-two, and shall be payable quarter yearly, at the same 
time, and in like manner, as the interest on the stock to be cre- 
ated by virtue of the loan above proposed, in the domestic debt 
of the United States. 

"Sect. 16. And be it further enacted — That, if the whole 
sum allowed to be subscribed in the debt or certificates of any 
state, as aforesaid, shall not be subscribed within the time for 
that purpose limited, such state shall be entitled to receive, and 
shall receive, from the United States, at the rate of four per cen- 
tum per annum, upon so much of the said sum as shall not 
have been^ so subscribed, in trust for the non-subscribing cre- 
ditors of such state, who are holders of certificates or notes is- 
sued on account of services or supplies towards the prosecution 
of the late war, and the defence of the United States, or of some 
part thereof, to be paid in like manner as the interest on the 
stock which may be created by virtue of the said loan, and to 
continue until there shall be a settlement of accounts between 
the United States and the individual states; and in case a balance 
shall then appear in favour of such state, until provision shall be 
made for the said balance. 

" Sect. 17. But as certain states have respectively issued their 
own certificates, in exchange for those of the United States, 
whereby it might happen that interest might be twice payable 
on the same sum, 

" Be it further enacted — That the payment of interest, 
whether to states or to individuals, in respect to the debt of any 
state, by which such exchange shall have been made, shall be sus- 
pended, until it shall appear, to the satisfaction of the secretary 
of the treasury, that certificates issued for that purpose by such 
state, have been re-exchanged or redeemed, or until those which 
shall not have been re-exchanged or redeemed, shall be surren- 
dered to the United States. 

" Sect. IS. And be it further enacted—That so much of the 



632 HISTORY OF CONGRESS. 



Chap. Vn. Public Debt. 1790. 



1st congress, debt of each state as shall be subscribed to the said loan, shall 

2d Session. 

be charged against such state, in account with the United 

•S" to states •" 

The question being taken on the motion to strike out these 
sections, it was determined in the negative, by the following 
vote: — 

Yeas — Messrs. Bassett, Few, Foster, Gunn, Hawkins, Hen- 
ry, Johnston, Lee, Maclay, Stanton, Walker, Wingate. — 12. 

Nays — Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, 
Johnson, Izard, King, Langdon, Morris, Paterson, Read, Schuy- 
ler, Strong. — 14. 
Bill passed Several other amendments were then made; and, on the 21st, s. Journal, 

by Senate the bill was read the third time, and on the question of its pas- P* 167 ' 
with a- - 

mend- sa g e as amended, the vote stood as follows: — 

ments. Yeas— Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, 

Johnson, Izard, King, Langdon, Morris, Paterson, Read, Schuy- 
ler, Strong. — 14. 

Nays — Messrs. Bassett, Few, Foster, Gunn, Hawkins, Hen- 
ry, Johnston, Lee, Maclay, Stanton, Walker, Wingate. — 12. 

The bill, as amended, was then sent to the House of Repre- h. Journal, 
sentatives for concurrence; and the -amendments were there con- P- 277 - 
sidered on the 22d, 23d, and 24th, when the following resolu- 
tion was adopted: — 

Resolu- " Resolved — That this House do agree to the first, second, 

tions of third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, 

amend- twelfth, and thirteenth amendments, with amendments to the 

ments. sa jd seventh amendment, as follow: — 

Amend- u In the clauses proposed to be inserted by the Senate, in lieu 
ments. f ^ e fourth section. 

" Line 12. Strike out ' seven/ and insert ' eight.' 

u 17. Strike out 'twenty-six dollars and eighty-eight 

cents,' and insert ' thirty-three dollars, and one-third of a 
dollar.' 

* Line 1 9. Strike out ' eight hundred,' and insert ' seven hun- 
dred and ninety-seven.' 

" Line 23. Strike out ' seven,' and insert 'eight.' 

" 40. Strike out ' three,' and insert ' four. 



> » 



The last amendment proposed by the Senate, being then un- u. p . 278. 
der consideration, namely, adding to the bill several clauses 
"making a provision for the debt of the United States," a mor 
tion was made to disagree to this amendment; and the question 



HISTORY OF CONGRESS. 633 



Chap. VII. rublic Debt. 1790 



istcongress. being taken on this motion, it was determined in the negative, 

2d Se ssion. ° 7 ° T 

by the following vote: — 

ments^of Jtyzs — Messrs. Ashe, Baldwin, Bloodworth, Brown, Coles, 
House. Contee, Floyd, Gilman, Griffin, Hartley, Hathorn, Heister r 
Jackson, Livermore, Madison, jr., Mathews, Moore, Muhlen- 
berg, Page, Parker, Van Rensselaer, Scott, Seney, Sevier, 
Smith, of Maryland, Steele, Stone, Sumpter, Williamson. — 29. 
Noes — Messrs. Ames, Benson, Boudinot, Burke, Cadwalader, 
Carroll, Clymer, Fitzsimons, Foster, Gale, Gerry, Goodhue, 
Grout, Huntington, Lawrance, Lee, Leonard, Partridge, Schure- 
man, Sedgwick, Sherman, Silvester, Sinnickson, Smith, of 
South Carolina, Sturges, Thatcher, Trumbull, Tucker, Vining y 
Wadsworth, White, Wynkoop. — 32. 

The consideration of the amendments was resumed on the H. Journal, 
26th of July, when the same amendment being yet under con- P* 279 ' 
sideration, a motion was made to amend this amendment by 
adding to the end of the first clause, or section, the following 
proviso: — 

" Provided always, and be it further enacted — That if the 
total amount of the sums which shall be subscribed to the said 
loan in the debt of any state, within the time limited for re- 
ceiving subscription thereto, shall exceed the sum by this act 
allowed to be subscribed within such state, the certificates and 
credits granted to their respective subscribers, shall bear such 
proportion to the sums by them respectively subscribed, as the 
total amount of the said sums shall bear to the whole sum so al- 
lowed, to be subscribed in the debt of such state within the 
same; and every subscriber to the said loan shall, at the time of 
subscribing, deposite with the commissioner the certificates or 
notes to be loaned by him." 

This motion was agreed to; and it was then moved further to 
amend the said amendment, by adding to the end of the first 
clause, or section, this proviso: — 

" And provided — That the original holders of certificates in 
the several states, shall have the exclusive right of subscribing 
for the space of six months from the time in which the offices 
shall be opened in the states respectively, and that the whole of 
their claims shall be funded." 

The question being taken on this proposition to amend, it was 
decided in the negative, by the following vote: — 

Jlyes — Messrs. Ashe, Bloodworth, Brown, Coles, Jackson ? 
Vol. I.— 80 



(3£1 HISTORY OF CONGRESS. 



Chap.YII. Public Debt. 1790. 



1st consress. Madison, jr., Mathews, Muhlenberg, Page, Parker, Scott, Se- 

2*1 Session ' 

— ~~ — — ney, Steele, Sumpter, Williamson. — 15. 

Amend- j\' oes — Messrs. Ames, Baldwin, Benson, Boudinot, Burke, 
merits of ' ? ' ' 7 

House. Cadwalader, Carroll, Clymey, Contee, Fitzsimons, Floyd, Foster, 

Gale, Gerry, Gilman, Goodhue, Griffin, Grout, Hartley, Ha- 
trhorn, Huger, Huntington, Lee, Leonard, Livermore, Moore, 
Partridge, Van Rensselaer, Schureman, Sedgwick, Sevier, Sher- 
man, Silvester, Sinnickson, Smith, of Maryland, Smith, of 
South Carolina, Stone, Spurges, Thatcher, Trumbull, Tucker, 
Vising, Wadsworth, White. Wynkoop. — 45. 

"Resolved — That the second clause or section of the said H. Journal, 
amendment be amended as followeth: — P* 280, 

u Line 13th. Strike out ' seven/ and insert ' eight' 

"Lines 18th and 19th. Strikeout ( twenty-six dollars and 
eighty-eight cents,' and insert { thirty-three dollars and one-third 
of a dollar.' 

" Line 21st. Strikeout < eight hundred,' and insert c seven 
hundred and ninety-seven.' 

" Line 25th. Strike out c 3even, r and insert 'eight.' 

"Line 31st. Strike out i three/' and insert 'four/ 

A motion was then made further to amend the said amend- 
ment, by striking out the fourth clause or section, in the words 
following: — 

" An d be it further enacted — That if the whole sum allowed to 
be subscribed in the debt or certificates of any state, as aforesaid, 
shall not be subscribed within the time for that purpose limited, 
such state shall be entitled to receive, and shall receive, from the 
United States, an interest per centum per annum, upon so 
much of the said sum as shall not have been so subscribed, equal 
to that which would have accrued on the deficiency, had the same 
been subscribed, in trust for the non-subscribing creditors of such 
state, who are holders of certificates or notes issued on account 
of services or supplies towards the prosecution of the late war, 
and the defence of the United States, or of some part thereof, to 
be paid in like manner as the interest on the stock which may 
be created by virtue of the said loan, and to continue until there 
shall be a settlement of accounts between the United States and 
the individual states; and, in case a balance shall then appear in 
favour of such state, until provision shall be made for the said 
balance." 

The question being taken on this motion, it was determined in 
the negative by the following vote : — 



HISTORY OF CONGRESS. 635 



Chxp.VIT. Public Debt. 1790. 



let congress. j\yes — Messrs. Baldwin, Bloodworth, Brown, Coles, Contee, Gil- 
ad Session. 3 * 7777 

" man, Jackson, Livermore, Mathews, Moore, Van Rensselaer, Se- 
vier, Williamson. — 13. 

Noes — Messrs. Ashe, Ames, Benson, Boudinot, Burke, Cadwa- 
lader, Carroll, Clymer, Fitzsimons, Floyd, Foster, Gale, Gerry, 
Goodhue, Griffin, Grout, Hartley, Hathorn, Heister, Huntington, 
Lawrance, Lee, Leonard, Madison, jr., Muhlenberg, Page, Par- 
ker, Partridge, Schureman, Sedgwick, Seney, Sherman, Silves- 
ter, Sinnickson, Smith, of Maryland, Smith, of South Carolina, 
Steele, Stone, Sturges, Sumpter, Thatcher, Trumbull, Tucker, 
Vining, Wadsworth, White, Wynkoop. — 47. 

The main question being then put, that the House agree to the h. Journal, 
said amendment proposed by the Senate, for adding to the end P- 2 ?l. 
of the bill several clauses " making a provision for the debts of 
the respective states," as now 7 amended, it was determined in the 
affirmative by the following vote : — 

Ayes — Messrs. Ames, Benson, Boudinot, Burke, Cadwalader, 
Carroll, Clymer, Fitzsimons, Foster, Gale, Gerry, Goodhue, Grout, 
Huger, Huntington, Lawrance, Lee, Leonard, Partridge, Schure- 
man, Sedgwick, Sherman, Silvester, Sinnickson, Smith, of South 
Carolina, Sturges, Sumpter, Thatcher, Trumbull, Tucker, Vining, 
Wadsworth, White, Wynkoop. — 34. 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Coles, Con- 
tee, Floyd, Gilman, Griffin, Hartley, Hathorn, Heister, Jackson, 
Livermore, Madison, jr., Mathews, Moore, Muhlenberg, Page, 
Parker, Van Rensselaer, Scott, Seney, Sevier, Smith, of Mary- 
land, Steele, Stone, Williamson. — 28. 

The Senate, on the 27th of July, ordered the resolutions of the s. journal, 
House to be printed ; and, on the following day, proceeded to P- 19 °- 
consider the same, and the amendments of the House to the 
amendments of the Senate, and 

Resolu- " Resolved— That they agree to the first amendment, to wit : 

tion of Se- n ne ]2th. Strike out ' seven,' and insert ' eight.' 
nate. ° 

This reserves to the United States the power to redeem, at 
their option, of the sum borrowed, at the rate of eight^er cent, 
per annum. 

On motion to agree to the second amendment; to wit: — " line m p . 191, 
17. Strike out ' twenty-six dollars and eighty-eight cents,' and in- 
sert < thirty-three dollars and one-third of a dollar;' " the question 
was decided in the affirmative, as follows: — 

Yeas — Messrs. Butler, Dalton, Elmer, Gunn, Henry, Izard, 
King, Langdon, Morris, Paterson, Schuyler, Walker. — 12. 



G36 HISTORY OF CONGRESS. 



CHAP. VII. Public Debt. 1790. 



1st congress. Nays — Messrs. Bassett, Carroll, Ellsworth, Few, Foster, 
~ — ™ Hawkins, Johnston, Lee, Read, Stanton, Strong, Wingate.-— 12. 
The numbers being equal, the casting vote of the Vice-Presi- 
dent determined the question in the affirmative. 

The effect of this amendment is to entitle the subscriber to a 
second certificate for thirty-three and one-third dollars of the 
sum subscribed, instead of twenty-six dollars and eighty-eight 
cents, in every hundred; his second, or deferred certificate, to 
bear an interest of six per cent., after the year 1800. 
Action of It was moved to disagree to the third amendment; to wit: — 

Senate on a £,i ne 19th. Strike out * eight hundred,' and insert c seven hun- 
the amend- ° 

ments of dred and ninety-seven;' " by which the subscriber will be en- 
House, titled to an interest of six per cent, on his deferred certificate, 
after the year 1797, instead of 1800. The question being taken 
on this motion, it was decided as follows: — 

Yeas — Messrs. Bassett, Carroll, Ellsworth, Few, Foster, Haw- 
kins, Johnston, Lee, Read, Stanton, Strong, Wingate. — 12. 

Nays — Messrs. Butler, Dalton, Elmer, Gunn, Henry, Izard, 
King, Langdon, Morris, Paterson, Schuyler, Walker. — 12. 

The numbers being again equal, the Vice-President gave his 
casting vote in favour of the amendment. 

The fourth amendment to the amendments:— "Line 23d, strike 
out 'seven,' and insert < eight,"' thus providing that the United 
States may redeem, by annual payments, on account of principal 
and interest, at the rate of eight per cent, instead of seven per 
cent, per annum, was agreed to. 

The Senate then proceeded to the consideration of the fifth 
amendment, namely: — " Line 40th, strike out < three,' and in- 
sert 'four,'" which provides that the subscribers shall be en- 
titled to an interest of four, instead of three, per cent, for such 
part of their subscription as they may pay in the arrears of in- 
terest, including indents. The question being taken on agree- 
ing to this amendment, it was decided in the negative, by the fol- 
lowing vote: — 

Yeas — Messrs. Dalton, Henry, King, Langdon, Morris, Pa- 
terson, Schuyler, Walker. — 8. 

Nays — Messrs. Bassett, Butler, Carroll, Ellsworth, Elmer, 
Few, Foster, Gunn, Hawkins, Johnston, Izard, Lee, Read, Stan- 
ton, Strong, Wingate. — 1G. 

The sixth amendment to the amendments was agreed to, as 
follows: — " Provided, also, and be it further enacted— That, 
if the total amount of the sums which shall be subscribed to the 
said loan, in the debt of any state, within the time limited for 



HISTORY OF CONGRESS. I Q37 



Chap. VII. Public Debt. 1790. 



istcongress. receiving subscriptions thereto, shall exceed the sum by this act 

allowed to be subscribed within such state, the certificates and 

Senate 11 on cre dits granted to the respective subscribers shall bear such pro- 

the amend- portion to the sums by them respectively subscribed, as the total 

House. ° amount °f tne sa id sums shall bear to the whole sum so allowed 

to be subscribed, in the debt of such state, within the same; and 

every subscriber to the said loan shall, at the time of subscribing, 

deposite with the commissioner the certificates or notes to be 

loaned by him." 

The Senate also agreed to the seventh amendment to the 
amendments; namely: — "In the second clause or section, line 
13th, strike out < seven/ and insert < eight.'" This applies to 
the assumed debt, and provides that the United States may re- 
deem, by annual payments, on account of principal and interest, 
at the rate of eight per cent, instead of seven per cent, per an- 
num. 

It was then moved to agree to the eighth amendment; name- 
ly* — "Lines 18th and 19th, strike out < twenty-six dollars and 
eighty-eight cents/ and insert < thirty-three dollars and one-third 
of a dollar.' " This applies to the assumed part of the debt, and 
will entitle the subscriber to a second certificate for thirty-three 
dollars and one-third of a dollar per cent., instead of twenty-six 
dollars and eighty -eight cents on every hundred; the said second 
certificate to be on interest at six per cent, after the year 1800. 
The question being put on the motion to agree, it was decided 
in the affirmative by the following vote: — 

Yeas — Messrs. Butler, Dalton, Elmer, Henry, Johnston, Izard, s. Journal, 
King, Langdon, Morris, Paterson, Schuyler, Strong, Walker. P- 192,1 
—13. 

Nays — Messrs. Bassett, Carroll, Ellsworth, Few, Foster, Gunn, 
Hawkins, Lee, Read, Stanton, Wingate. — 11. 

The next motion in order was, to agree to the ninth amend- 
ment to the amendments; namely: line 21st, strike out "eight 
hundred," and insert, " seven hundred and ninety-seven." This 
provides, as it applies to the assumed debts, that the subscriber 
shall be entitled to an interest of six per cent., on the deferred 
part of the sum subscribed after the year 1797, instead of 1800. 
The question being taken on this motion, it was determined in 
the negative, by the following vote : — 

Yeas — Messrs. Butler, Dalton, Elmer, Henry, Izard, King, 
Langdon, Morris, Paterson, Schuyler, Strong. — 11. 

Kays — Messrs. Bassett, Carroll, Ellsworth, Few, Foster, Gunn, 
Hawkins, Johnston, Lee, Read, Stanton, Walker, Wingate. — 13. 



038 HISTORY OF CONGRESS. 



Chap.VH. Public Debt. 1790. 



1st congress. A motion was then made to reconsider the third amendment 
1 — 1 - to the amendments of the Senate ; which was decided in the af- 

stnatTon firmative > b y the following vote:-— 

the amend- Yeas — Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Few, 
House ° f Foster, Hawkins, Johnston, Izard, Lee, Paterson, Read, Stanton, 
Strong, Wingate. — 16. 

Nays — Messrs. Butler, Gunn, Henry, King, Langdon, Morris, 
Schuyler, Walker. — 8. 

The question was then taken on agreeing to the third amend- 
ment of the House of Representatives to the amendments of 
the Senate, and was decided in the negative, by the following 
vote : — 

Yeas — Messrs. Butler, Gunn, Henry, King, Langdon, Morris, 
Schuyler, Walker.— 8. 

Nays — Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Few, 
Foster, Hawkins, Johnston, Izard, Lee, Paterson, Read, Stanton, 
Strong, Wingate. — 16. 

It was then moved to agree to the tenth amendment to the 
amendments; namely: "line 25th, strike out 'seven,' and insert 
' eight.' " This applies to the assumed part of the debt, as the 
seventh amendment applies to the domestic debt. The question 
being taken on the motion to agree, it was decided as follows : — 

Yeas — Messrs. Butler, Dalton, Elmer, Henry, Izard, King, 
Langdon, Morris, Paterson, Schuyler, Strong, Walker. — 12. 

Nays — Messrs. Bassett, Carroll, Ellsworth, Few, Foster, Gunn, 
Hawkins, Johnston, Lee, Read, Stanton, Wingate. — 12. 

The numbers being equal, the Vice-President gave the cast- 
ing vote in the affirmative. 

A motion was then made to agree to the eleventh amendment 
to the amendments of the Senate; namely: line 31st, strike out 
" three," and insert " four." This provides, as it applies to the 
assumed debts, that the subscriber shall be entitled to an interest 
of four per cent., instead of three per cent, for one-third of the 
sum by him subscribed. The question being taken, on this mo- 
tion to agree, it was determined in the negative, by the follow- 
ing vote : — 

Yeas — Messrs. Dalton, Henry, King, Langdon, Morris, Pater- 
son, Schuyler, Walker. — 8. 

Nays — Messrs. Bassett, Butler, Carroll, Ellsworth, Elmer, Few, 
Foster, Gunn, Hawkins, Johnston, Izard, Lee, Read, Stanton, 
Strong, Wingate. — 16. 
House re The proceedings of the Senate upon these amendments were h. Journal, 
cede. ^ ien or dered to be communicated to the House of Representa- P« 283 « 



HISTORY OF CONGRESS. G39 



CHAP. VII. Public Debt— Debt of Georgia. 1790. 



ist congress, tives ; and the House, on the 29th, proceeded to consider this 

: — — communication. It was then moved that the House recede from 

their disagreement to the third amendment proposed to the se- 
venth amendment of the Senate to the bill ; and the question 
being taken on this motion, it was decided in the affirmative, as 
follows : — 

Jiyes — Messrs. Ashe, Baldwin, Brown, Burke, Cadwalader, H. Journal, 
Carroll, Clymer, Fitzsimons, Floyd, Gale, Goodhue, Griffin, P- 284 - 
Grout, Hartley, Heister, Huger, Huntington, Lee, Leonard, Li- 
vermore, Muhlenberg, Partridge, Scott, Sedgwick, Sherman, 
Sinnickson, Smith, of South Carolina, Stone, Thatcher, Tucker, 
Vining, Wynkoop, Williamson. — 33. 

Noes — Messrs. Ames, Benson, Bloodworth, Coles, Contee, 

Foster, Gerry, Gilman, Hathorn, Jackson, Lawrance, Madison, 

- jr., Mathews, Moore, Page, Parker, Van Rensselaer, Schure- 

man, Seney, Sevier, Silvester, Smith, of Maryland, Steele, 

Sturges, Sumpter, Trumbull, White. — 27. 

It was then moved that the House recede from their disagree- 
ment to the fifth amendment, proposed to the seventh amend- 
ment of the Senate, to the bill. And the question being taken 
on this motion, it was decided in the affirmative, by the follow- 
ing vote: — 

Jiyes — Messrs. Ashe, Baldwin, Brown, Burke, Cadwalader,. 
Carroll, Clymer, Fitzsimons, Floyd, Gale, Goodhue, Grout, 
Hartley, Heister, Huger, Huntington, Lee, Leonard, Livermore, 
Muhlenberg, Partridge, Schureman, Scott, Sedgwick, Sherman, 
Silvester, Sinnickson, Smith, of South Carolina, Stone, Thatcher, 
Tucker, Williamson, Wynkoop, — 33. 

Noes — Messrs. Ames, Benson, Bloodworth, Coles, Contee, id. p. 28&. 
Foster, Gerry, Gilman, Griffin, Hathorn, Jackson, Lawrance, 
Madison, jr., Mathews, Moore, Page, Parker, Van Rensselaer,, 
Seney, Sevier, Smith, of Maryland, Steele, Sturges, Sumpter, 
Trumbull, Vining, White.— 27. 

The House then receded from their third and fifth amend- 
ments proposed to the last amendment of the Senate, and the 
Billpassed. bill was thus passed. 

Bill to as- On the 3d of August, 1790, the House of Representatives ap- id. p. 287, 

sume debt pointed a committee, consisting of Messrs, Jackson, Page, and 

' Trumbull, to prepare and bring in a bill, or bills, making further 

provision for the debt of the United States, so far as respects the 

assumption of the debt of Georgia. And, on the same day, 

[H.B. 94.} Mr. Jackson, from this committee, presented a bill which was id.p.288* 



(540 HISTORY OV CONGRESS, 



CHAP. VII. Public Debt— Reduction. 1790. 



ist congress, then read the first time; and, on the following day, received the 

■ second reading, and was committed to a committee of the whole 

house. The House then resolved itself into committee on the 
bill, and several amendments were reported and agreed to by 
the House. The question being then put on the engrossment of 

Bill reject- the bill* ** was decided in the negative; and, consequently, the 

ed. bill was rejected. 

The House of Representatives, on the 7th of August, went H^Joumal, 
into a committee of the whole house on the state of the Union, P* 293 - 
to which committee had been referred some communications 
from the secretary of the treasury. The following resolutions 
were then reported from this committee, and agreed to by the 
House: — 

Resolution " Resolved — That the sum of fifty thousand dollars, out of the 
of House moneys arising from the duties on imposts and tonnage, be re- 
tion of served and appropriated for satisfying demands against the 
debt. United States, not otherwise specially provided for; and that an 

act for that purpose ought to be passed the present session. 

" Resolved — That out of the moneys reserved during the pre- 
sent session, for the support of government from the duties on 
imposts and tonnage, a sum not exceeding thirty-eight thousand 
and eight hundred and ninety-two dollars, and seventy-five 
cents, be appropriated for the payment of the debts contracted 
by Abraham Skinner, late commissary of prisoners, for the sub- 
sistence of the officers of the late army while in captivity. 

"Resolved — That provision, by law, should be immediately 
made for the appropriation of the surplus sum which shall re- 
main in the treasury after all the appropriations made during the 
present session shall be satisfied, in conformity to the tenor of 
the report of the secretary of the treasury." 

Billmak- It was then ordered that Messrs. Fitzsimons, Vining, Madi- Id. p. 294'. 

mg provi- SO n, Ames, and Benson, be a committee to prepare and bring in 

reduction bills in conformity with the preceding resolutions. And, on the id. p. 295. 

of the pub- 9th, Mr. Fitzsimons, from this committee, presented a bill 
making provision for the reduction of the public debt, which 
was read the first and second time, and committed to a commit- 

[H.B.101.] tee of the whole house. The bill was, on the same day, consi- 
dered in committee, and several amendments were reported, 
which were agreed to: after which the bill was read the third 
time, and passed. The bill received the first reading in the Se- s. Journal, 
nate on the same day; and, on the 10th, it was read the second p. 206,207.. 



HISTORY OF CONGRESS. 641 



CHAP. VII. Public Debt-Reduction. 1790. 



istcon?ress. time, after an unsuccessful motion to postpone its further consi- 

2d Session. \ 1 * 

deration. It was then agreed to expunge these words in the 3d 
line of the preamble, " to the present session:" and, also, in 
the 4th and 5th lines, to exp.inge the words " by counteracting 
the purchase thereof by foreigners, below its true value, will, at 
the same time." And, in the 2d line of the 2d section, to 
strikeout the words "five commissioners, who shall be." A 
motion was then made to strike out, in the 6th line of the 2d 
section, the words " openly and;" but it did not prevail. Ano- 
ther unsuccessful motion was then made to insert, in the 10th 
line of the 2d section, after " reservations," the words "and 
not less than five hundred thousand dollars." 

It was then agreed to expunge, in the 12th line of the 2d sec- 
tion, these words, " of the product after the said last day of De- 
cember next:" 

" To insert, at the end of section 2d, these words, ' and the ton- 
nage of ships or vessels, after the last day of December next.' 

" To expunge section 3d, line 4th, the word * commissioners,' 
and insert ' five persons, or any three of them.' 

" To expunge, lines 6 and 7, the words * by them.' 

" To amend the proviso to read as follows: 'Provided — That 
out of the interest arising on the debt to be purchased in manner 
aforesaid, there shall be appropriated and applied a sum not ex- 
ceeding the rate of eight per centum per annum, on account both 
of principal and interest, towards the repayment of the two mil- 
lions of dollars so to be borrowed." 

It was then unanimously agreed that the bill should be read 
Billpassed. the third time; and it was read the third time and passed. On 

the 11th, the House considered and agreed to the amendments of h. Journal, 
the Senate. P- 29r - 



2d congress. On the 19th of November, 1792, the President laid before the 1709 

2d Session -*• ' ,J ^' 

: — '— Senate a letter signed Thomas Jefferson, in behalf of the trustees s Journa i 

comnus- ° of the Sinking Fund, who were appointed pursuant to the act, p. 459. 
sioners of entitled " An act making provision for the reduction of the pub- 
ing- Fund. uc debt," enclosing their accounts, and stating that, " from the 25th 
of October, 1791, there have been purchased, of various denomi- 
nations of the public debt, to the amount of $364,093 13 cents; 
and that, since the commencement of the business, $1,495,457 89 
cents of said debt have been purchased, for which the sum of 
$967,821 65 cents, in specie, have been paid." 

A similar communication was made to the House of Repre- h. Journal, 
sentatives. P« 621 « 

Vol. I. — 81 



642 HISTORY OF CONGRESS. 



CHAP. VII. Public Debt-Reduction. 1790. 



1st congress. At the third session of the first Congress, on the 21st of Decern- h. Journal, 



3d Session 



.341. 



ber, 1790, a letter and report from the commissioners appointed P 
commis- ° Dv tne ac *» P assea " a * * ne l as t session, entitled "An act making 
sioners. provision for the reduction of the public debt," stating the amount 

of the purchases which had been made of the public debt, in 

pursuance of the powers vested in them by that act, were laid 

before the House of Representatives. 

The report was laid before the Senate on the same day, as s. Journal, 

follows:— p. 223,224. 

« Philadelphia, December 21st, 1790. 

" The Vice-President of the United States and President of 
the Senate, the Chief Justice, the Secretary of State, the Secre- 
tary of the Treasury, and the Attorney General, respectfully re- 
port to the Congress of the United States of America : 

" That, pursuant to the act, entitled c An act making provision 
for the reduction of the public debt,' they, on the 26th day of 
August last, convened at the city of New York, and entered upon 
the execution of the trust thereby reposed in them. 

"That, in conformity to a resolution agreed upon by them on 
the 27th, and approved by the President of the United States on 
the 28th of the said month, they have caused purchases of the 
said debt to be made, through the agency of Samuel Meredith, 
treasurer of the United States, which, on the 6th day of Decem- 
ber instant, amounted to two hundred and seventy-eight thousand 
six hundred and eighty-seven dollars and thirty cents, and for 
which there have been paid one hundred and fifty thousand two 
hundred and thirty-nine dollars and twenty-four cents, in specie ; 
as will more particularly appear by a return of the said Samuel 
Meredith, confirmed by an authenticated copy of his account, 
settled at the treasury of the United States, which are herewith 
submitted, and prayed to be received as part of this report, and 
in which are specified the places where, the times when, the 
prices at which, and the persons of whom, the said purchases have 
been made. 

" Signed, by order of the board, 

" John Adams.*' 

*• Tbeasury Department, 
"Auditor's Office, Dec. 20, 1790. 

" I have examined and adjusted an account between the 
United States and Samuel Meredith, Esq., agent to the trustees 
named in the act of Congress, passed on the 12th day of August, 
1790, for reducing the domestic debt; for purchases of said debt 
made before the 7th day of December, 1790; and find that the 



HISTORY OF CONGRESS. 643 



Chap. VII. Public Debt— Reduction. 1790. 



ist congress. sa jd Samuel Meredith, Esq., is debited in the books of the treasu- 

3d Session. * . 

ry for the sum advanced to him on account ot said agency, 

$200,000 00 



" I also find that the following purchases have 
been made by said agent : — 

44 In certificates of registered debt, issued by the re- 
gister of the treasury, exclusive of interest, since 
the first day of January, 1788, purchased at thir- 
teen shillings in the pound, - 54,494 99 

44 In certificates, purchased at twelve shillings and ten 

pence in the pound, - 1,500 00 

" In said certificates, purchased at twelve shillings and 

sixpence in the pound, - 87,434 95 

44 In funded six per cent, stock on the books of the 
treasury, purchased at fourteen shillings in the 
pound, 60,688 54 

44 In funded three per cent, stock on the books of the 
treasury, purchased at seven shillings and two 
pence two farthings in the pound, - 10,484 14 

44 In deferred six per cent, stock on the books of the 

treasury, purchased at six shillings in the pound, 13,262 49 

44 In indents of interest issued by direction of the late 
board of treasury, purchased at seven shillings and 
four pence in the pound, - - - - 299 00 

"In said indents of interest, purchased at seven shil- 
lings and two pence in the pound, - 19,988 12 

44 In warrants drawn on the treasury for said indents, 
purchased at seven shillings and four pence in the 
pound, - 800 30 

44 In said warrants, purchased at seven shillings and 

two pence in the pound, - 3,462 16 

44 In arrearages of interest on certificates, calculated 
to the first day of January, 1788, for which pay- 
ment was made, as for indents, at seven shillings 
and two pence in the pound, ... 455 23 

Amounting to 8252,869 92 

44 On the certificates of registered debt before men- 
tioned, amounting, in the whole, to 8143,429 94, 
interest was due from January 1st, 1788, in addi- 
tion to the sums before stated, which interest, cal- 
culated to the 1st day of January, 1791, would 
amount to - - - - - - . 25,817 38 

" The amount of the domestic debt extinguished by 



644 HISTORY OF CONGRESS. 



CHAP. VII. Public Debt— Reduction. 1790. 



1st congress. the purchases of the said agent, including inte- 

— rest thereon to January 1, 1791, is therefore, 278,687 30 

Report of 

commis- "For which purchases, the said agent has paid, in spe- 
sioners. c ^ a ^ ^ e rateg De f ore mentioned, agreeably to a 

particular statement of his accounts, herewith 
transmitted, the sum of - - - - - 150,239 24 
"Leaving a balance in his hands, of specie, for which 
he is to be debited in a future settlement of his 
accounts, the sum of - - - - - 49,760 76 



§200,000 00 



" The statement on which this report is founded, and the in- 
dents and warrants for indents before mentioned, are herewith 
transmitted for the decision of the comptroller of the treasury 
thereon. 

" Oliver Wolcott, jun., Auditor, 
" To Nicholas Eveleigh, Esq., 

" Comptroller of the treasury of the United States" 
" Admitted and certified, 

'* Nicholas Eveleigh, Comptroller" 

" Treasury Department, 
"Register's Office, December 21, 1790. 

" The foregoing statement of Samuel Meredith, agent to the 
trustees named in the act passed on the 12th day of August, 
1790, for the reduction of the public debt, his account of moneys 
received, and purchases made, under the said act, to the sixth in- 
stant inclusively, is a true copy of the original transmitted to me 
by the comptroller of the treasury, to be entered in the treasury 
books, the said original being filed on record in this office. 

" Joseph Nourse, Register" 

Memorials. On the same day, a memorial and remonstrance of the public H. Journal, 
creditors, citizens of Pennsylvania, was presented to the House, P ,o4 °- 
representing the insufficiency of the provision for the public cre- 
ditors, made by the above named act, and praying that a more 
adequate provision might be made. Similar memorials and re- id. p . 344. 
monstrances, from citizens of New Jersey, who were also public 
creditors, were presented on the 18th of December, 1790, and 12th Id p 353# 
of January, 1791. These memorials were ordered to lie on the 
table. 

Bill direct- On the 14th of December, a committee was appointed by the id. p. 336. 
• ng h"°h e House °f Representatives to prepare and bring in a bill, or bills, 



HISTORY OF CONGRESS. 645 



Chap. VII. Public Debt— Lost Evidences— State Certificates. 1790. 



ist congress, directine; the mode in which the evidences of the debt of the 

3d Session. 

~~ ~ " United States, which have been, or may be, lost or destroyed, 
dences of shall be renewed ; and Messrs. Lee, Trumbull, and Cadwalader, 
debt may W ere appointed of this committee. And, on the 28th, Mr. Lee, h. Journal, 

dc renew - o a a 

ed. from this committee, presented a bill, which was then read the P*°^' 

[h b 118 1 ^ rs ^ ^ me ' an( ^' on ^ e nex * ^ a y» received the second reading, and 
was committed to a committee of the whole house. On the 7th 
and 10th of January, 1791, the bill was under the consideration 1791. 
of the committee, and several amendments having been reported, 
which were agreed to by the House, the bill, as amended, was h. Journal, 
ordered to be recommitted to Messrs. Lawrance, Sedgwick, Car- P* 351, 
roll, Clymer, Williamson, Sherman, and Sturges. Mr. Lawrance, 
on the 25th, from this committee, reported an amendatory bill, Id. p. 362, 
which was then read the first time, and, on the next day, received 
Not finally the second reading, and was committed to a committee of the 
acted on. w hole house. There was no further action on this bill. 

Motion. It was moved on the 3d of February, 1791, that the House 
come to the following resolution : — 

" Whereas, certain certificates or evidences of debt, dated af- Id. p. 369. 
ter the first day of January, one thousand seven hundred and 
ninety, have been issued by one or more of the states, which cer- 
tificates purport that they were issued in lieu of certain other 
certificates, dated prior to the first of January, one thousand seven 
hundred and ninety ; and the certificates of the first description 
are, on account of their date, not received by the loan officer, as 
subscriptions to the loan proposed by the United States, although 
the certificates, in lieu of which they were issued, are clearly 
within the description of the law, and would, if not cancelled, be 
recoverable at the loan office : Therefore, 

" Resolved — That all certificates of the first description above, 
be received at the loan offices, as other evidences of the debt of 
the several states are, by law, receivable." 

Referred It was then ordered that this motion be referred to the secre- 
te the se- t arv f th e treasury, with instruction to examine the same, and 
cretary of J . . . . in 

the trea- report his opinion to the House. 

sm J.' 11 On the 25th of February, the speaker laid before the House h. Journal, 

cerning a letter from the secretary of the treasury, covering his report P* 392, 

certificates re spectins: certificates or evidences of debt issued after the 1st 

or evi- r ° 

dences of of January, 1790, which report was, on the 1st of March, re- Id. p. 398. 

the public f errec [ t Messrs. Lawrance, Tucker, and Wads worth, with in- 
struction to prepare and bring in a bill, or bills, pursuant there- 
[H.B.H1.] to. Mr. Lawrance, on the next day, presented a bill concerning id. p. 400, 



646 HISTORY OF CONGRESS. 



Chap. VII. Public Debt— Lost Evidences— Foreign Officers. 1791. 



1st congress, certain certificates or evidences of the public debt, which was 

— ~ then read the first time. This bill was not further acted on. 

Not acted 



2d congress. At the first session of the second Congress, on the 3d of No- h. Journal, 
— ; — ; — - vember, 1791, Messrs. Sedgwick, Giles, and Dayton, were ap- P- 447 « 
ing mode pointed a committee to prepare and bring in a bill directing the 
of renew- mo de in which the evidences of the debt of the United States, 
dences of which have been lost or destroyed, shall be renewed. And on the 
public 9th, Mr. Sedgwick presented a bill, which was then read the first id. p. 451. 
[H.B.145.] ti me > an d> on *h e following day, received the second reading, and 

was committed to a committee of the whole house. The bill id. p. 456, 
was considered in committee on the 17th, when several amend- 45 '* 
ments were reported, which, after discussion, were agreed to on 
the 18th, when the question being put on the engrossment of the 
bill, it was decided in the negative ; and the bill was therefore 
Rejected, rejected. 

ist congress. A motion was submitted to the House of Representatives on id. p. 354. 
— ess,on ' the 14th of January, 1791, and agreed to, that a committee be 
Foreign of- appointed to prepare and bring in a bill, or bills, to authorize the 
ficers. President of the United States to cause the debt due to foreign 
officers, the interest whereof is now payable in Paris, at the rate 
of six per cent, per annum, to be paid and discharged. And Messrs. 
Sedgwick, Benson, and Sevier, were appointed of this commit- 
tee. Mr. Sedgwick, on the 19th, presented, from this commit- Id. p. 357. 
[H.B.116.] tee, a bill which was then read the first and second time, and re- 
ferred to a committee of the whole house. The bill was consi- 
dered in committee on the 10th of February, when no amend- id. p. 374, 
ment being reported, it was ordered to the third reading. And ' 
on the next day, the bill was read the third time and passed. On 
the 11th and 12th, the bill was read the first and second time, in s. Journal, 
the Senate, and was committed to Messrs. Maclay, Dickinson, P ,261 - 26 °- 
and Wingate. Mr. Maclay made a report from this committee 
on the 22d of February, and on the 23d, the report was taken id. p. 278, 
Rejected, up for consideration, and rejected. 



279. 



389. 



Petitions Various petitions having been presented to the House of Re- H.Joumal, 
of public presentatives, on the subject of increasing the security to public p * 
not grant- creditors, a motion was submitted, on the 24th of February, that 
ed - the House come to the following resolution : — 

" Resolved — That it would be inexpedient to alter the system 



HISTORY OF CONGRESS. 647 



Chap. VII. Public Debt— Refusal to change funding System. 1791. 



ist congress, for funding the public debt, established during the last session of 
Congress ; and that the petition of Thomas M'Kean and others, 
styling themselves a committee of the public creditors of the com- 
monwealth of Pennsylvania, and also the other petitions on that 
subject, cannot be granted." 

The question being put on this motion, it was decided in the H. Journal, 
affirmative, by the following vote: — p. 390. 

Ayes — Messrs. Ames, Ashe, Baldwin, Benson, Boudinot, Bourne, 
Brown, Burke, Cadwalader, Clymer, Contee, Fitzsimons, Floyd, 
Foster, Gale, Oilman, Goodhue, Griffin, Grout, Giles, Huntington, 
Jackson, Lawrance, Lee, Leonard, Livermore, Madison, jr. Ma- 
thews, Moore, Muhlenberg, Parker, Partridge, Van Rensselaer, 
Schureman, Sedgwick, Seney, Sherman, Silvester, Sinnickson, 
Smith, of Maryland. Smith, of South Carolina, Steele, Stone, 
Sturges, Sumpter, Thatcher, Trumbull, Tucker, Vining, Wads- 
worth, White, Williamson, Wynkoop. — 53. 

Noes — Messrs. Gerry, Scott. — 2. 

In the Senate, on the 21st of December, 1790, a motion, in 1790, 
reference to the same petitions, had been submitted, as follows: — s. Journal 

t» 224 225 

" Resolved — As the opinion of the Senate, that any deviation F * ' 
from the principles of the system contained in the act, entitled 
* An act making provision for the debt of the United States/ 
would be dangerous and inexpedient." 

This motion was taken up for consideration on the 23d, when 
it was moved to postpone this resolution, and substitute the fol- 
lowing: — 

" Resolved — That it would be inexpedient to alter the system 
for funding the public debt, established during the last session of 
Congress; and that the petition of Thomas M'Kean and others, 
styling themselves a committee of the public creditors of the 
commonwealth of Pennsylvania, cannot be granted." 

Decision of The question being taken on the motion to substitute the lat- 
Senate, on ter resolution, it was decided in the affirmative, by the following 

petition of ' ' J ° 

vote: — 

Yeas — Messrs. Bassett, Butler, Dalton, Dickinson, Ellsworth, 
Elmer, Few, Foster, Hawkins, Johnson, Johnston, Izard, King, 
Langdon, Maclay, Read, Schuyler, Stanton, Strong, Win- 
gate. — 20. 

Nay — Mr. Morris. — 1. 

The resolution was then agreed to. 



648 HISTORY OF CONGRESS. 



Chap.VII. Public Debt— Supplementary Act— Dutch Loan. 1790. 



istcongress. The Senate, on the 16th of December, 1790, ordered that s. Journal. 

3d Se ssion. 7 ' ooo 

~~ ~ : Messrs. Schuyler, Hawkins, and Ellsworth be a committee to P- 222 - 

plement- bring in a bill supplementary to the act, entitled " An act making 
makin - aCt further P rovision for tne payment of the debts of the United 
further States." For the complexion of the bill to which this is sup- 
PojT'av" P lemen tary, the reader is referred to the 3d chapter of this vo- 
mer* of U. lume, page 372 — 3S4. Mr. Schuyler on the same day, reported 
debts* a ^» which was read the first time; and, on the following day,' 
[S. B. 14] by a dispensation of the rule, received the second and third 
Billpassed. readings, and was passed. In the House this bill was read the H.journal, 

first time on the 17th; and, on the 20th and 21st, went through P- 339 > 340 - 

the other stages. 

Dutch On the 25th of February, 1791, the secretary of the treasury 1791. 
loan. 



commmunicated to the two houses the following report, the sub- H.journal 

ject having been referred to the opening speech of the President P- 391 - 

of the United States, at the commencement of the session: — S '^ u ™' 
' p. 286, 287. 

Report of " The secretary of the treasury, in obedience to the orders of 

s ?J^ t *f y t-he President of the United States, as signified in his speech at 

sury as to the opening of the present session, respectfully informs the Se- 

terms. nate an( j pjouse of Representatives, — 

" That the terms of the loan of three millions of florins, men- 
tioned by the President as having been negotiated in Holland, 
are as follow: — 

" The rate of interest is five per cent., but the charges form 
a deduction from the principal sum of four and a half per cent.; 
which will occasion the real interest to be paid on the sum actu- 
ally received by the United States to be equal to five and a quar- 
ter per cent, nearly. 

"The reimbursement is to be made in six equal instalments, 
commencing in the year 1800, and ending in the year 1804; but 
it is in the option of the United States to reimburse the whole 
or any part of the sum borrowed, at any time they may think 
proper. 

"That the disposition which has been made of the above- 
mentioned sum, is as follows: — 

"One million five hundred thousand florins has been applied, 
pursuant to the directions of the President of the United States, 
as a payment to France. 

" A further sum of about one hundred and sixty thousand flo- 
rins will also have been appropriated towards a payment, on ac- 
count of the Dutch loans which became due on the first day of 
February last, including a premium of seventy thousand florins. 



HISTORY OF CONGRESS. 649 



CHAP. VIT. " Public Debt— Dutch Loan— Supplementary Aet. 1791. 



1st congress. "The residue is in a situation to be disposed of as raay be 

3d Session. , ,. 

judged expedient. 

Report. (l j^ doubt arises how far this loan may be within the meaning 
of the "act making provision for the reduction of the public 
debt," on account of the limitation of the rate of interest, which, 
taking the charges of the loan into calculation, would be some- 
what exceeded: and though it is presumed that that limitation 
was not intended to exclude the addition of the ordinary charges, 
yet a point of so much delicacy appears to require legislative ex- 
planation. 

" The secretary of the treasury begs leave to observe that it is, 
in his judgment, highly expedient, and very important to the ge- 
neral operations of the treasury, that the above-mentioned loan 
should be deemed to be included within the meaning of the afore- 
said act. The residue may, in this case, be applied with mate- 
rial advantage to the purposes of that act, and the part which has 
been otherwise applied may be hereafter replaced. All which is 
humbly submitted. 

** Alexander Hamilton, 
" Secretary of the Treasury. 
" Treasury Department, February 2tth, 1791." 

Bill sup- This communication was, in the Senate, ordered to lie for con- H. Journal, 
plemental sideration. In the House of Representatives, it was referred to P- 39 l> 392 - 
making- Messrs. Fitzsimons, Lawrance, and Smith, of South Carolina, 
provision an rj ? n the same day, Mr. Fitzsimons presented a bill supple- 
duction of mentary to the act making provision for the reduction of the 
the public public debt, which was then read the first and second time, and 

committed to a committee of the whole house. On the 1st of id. p. 398. 
[H.B.136.] March, the bill was considered in committee and reported with- s. Journal, 

out amendment, was read the third time and passed, and was sent P- 297 > 298 - 

to the Senate in the following form: — 

Bill. " Whereas, it hath been made known to Congress that the 

President of the United States, in consequence of the several 
acts, the one, entitled ( An act making provision for the debt of 
the United States,' the other, entitled 'An act making provision 
for the reduction of the public debt,' or one of them, hath caused 
a certain loan to be made in Holland, on account of the United 
States, to the amount of three millions of florins, bearing an inte- 
rest of five per centum per annum, and reimbursable in six yearly 
instalments, commencing in the year one thousand eight hundred 
and six, or at any time sooner, in whole or in part, at the option 
of the United States. 
Vol. I.— 82 



6 50 HISTORY OF CONGRESS. 



Chap. VII. Public Debt— Dutch Loan— Supplementary Act. 1791. 



1st congress. <' And whereas it hath also been stated to Congress, that the 

— ~ charges upon the said loan have amounted to four and a half per 

Bl11, centum, whereby a doubt hath arisen whether the said loan be 
within the meaning of the said last-mentioned act, which limits 
the rate of interest to five per centum per annum: 

"And whereas it is expedient that the said doubt be removed: — 
" Section 1. Be it enacted and declared, by the Senate and House 
of Representatives of the United States of America, in Congress as- 
sembled — That the loan aforesaid shall be deemed and construed 
to be within the true intent and meaning of the said act, entitled 
' An act making provision for the reduction of the public debt;' 
and that any further loan, to the extent of the principal sum au- 
thorized to be borrowed by the said act, the interest whereof 
shall be five per centum per annum, and the charges whereof shall 
not exceed the said rate of four and a half per centum, shall, in 
like manner, be deemed and construed to be within the true in- 
tent and meaning of the said act." 

The bill was read the first time on the 2d of March, and was s. Journal, 
then discussed; and, on the following day, the second reading P- 309 - 
Passed, took place, and the bill was then read the third time, and passed 
with the following amendments: — 

" In the preamble, line 2, expunge from the word 'of ' to the 
word 'an,' in the 3d line. 

" Line 4. Expunge these words, 'or one of them.'" 

These amendments were agreed to by the House of Repre- H. Journal, 
sentatives. P- 404 



m congress. At the commencement of the first session of the second Con- id. p. 437. 

jst session. -- gress, the President invoked the attention of the two houses to 
the public debt, and the condition of the subscriptions to the 
loans proposed, stating, at the same time, that a further loan of 
two millions and a half of florins had been completed in Holland, 
and that another, for six millions, had been set on foot. On the 
1st of November, 1791, the House of Representatives adopted the 
following order: — 

Call on se- " Ordered — That the secretary of the treasury be directed to id. p. 445. 

cretary of re p rt to the House the amount of the subscriptions to the loans 

the trea- 

suiy. proposed by the act making provision for the public debt, as well 

in the debts of the respective states, as in the domestic debt of 

the United States, and of the parts which remain unsubscribed, 

together with such measures as are, in his opinion, expedient to 

be taken on the subject." 



HISTORY OF CONGRESS. 651 



CuAP. VII. Public Debt— Subscriptions of Domestic Debt. 1792. 



m congress. On the 7th of February, 1792, the speaker laid before the h. Journal, 

~ '- House a report from the secretary of the treasury in obedience Sm^^' 

to this requisition, which was committed to a committee of the 
whole house. The report was taken up for consideration in com- 
mittee on the 22d, 28th, 29th, 30th, 31st of March, and 2d of 
April, when the following resolutions were reported : — 

Resolu- "Resolved — That the term for receiving, on loan, that part of id. p. 557. 

tions of the (3 omes ti c debt f the United States which yet remains unsub- 

Houseasto t J 

subscrip- scribed, be extended to the first day of next, on the same 

m°sti° f d ° * erms as were provided by the act making provision for the public 

debt debt of the United States. 

" Resolved — That provision ought to be made for payment of 
the interest on the unsubscribed part of the domestic debt of the 

United States, to the first day of , one thousand seven 

hundred and ninety , on like terms as was provided by the 

act aforesaid. 

" Resolved — That the time for receiving, on loan, that part of 
the debt of the individual states, assumed by the United States, 

yet unsubscribed, be extended to the first day of next, 

on the same terms as is provided by the act making provision for 
the public debt. 

" Resolved — That a subscription for a further loan in the debts 
of the individual states be opened and continued to the first day 
of next, not to exceed, in the whole, millions of dol- 
lars, in the proportions following ; that is to say : — 

" In the debt of New Hampshire, , 

Massachusetts, , 

Rhode Island, , 

Connecticut, , 

New York, , 

New Jersey, , 

Maryland, — — , 
Virginia, 



North Carolina, , 

South Carolina, , 

Georgia, - t 

* Provided — That the interest on such loan shall not be paya- 
ble before the day of : And provided — That when 

the sum, to be assumed for any state, shall not be subscribed by 
the holders of any of the evidences in which the same is made re- 
ceivable, the state shall not be entitled to receive interest on the 
residue. 



652 HISTORY OF CONGRESS. 



Chap. VII. Public Debt— Subscriptions of Domestic Debt. 1792. 



2d congress. « Resolved — That the subscriptions to the aforesaid loans in 

1st Session. , . 1 1 • , . . 

state debt, be payable in such certificates, bills, notes, and evi- 

tions S of" fences of debt whatsoever, as shall have been issued by the re- 
House, spective states, and by the several commissioners of loans of the 
United States, on account of the excesses of the sums subscribed 
in certain states, beyond the sums heretofore assumed for such 
states : Provided — That no such certificates, bills, notes, or evi- 
dences of debts of the respective states, shall be receivable upon 
the said loan, which, from the tenor thereof, from any public re- 
cord, act, or document, shall appear, or can be ascertained to 
have been issued for purposes irrelative to compensations and ex- 
penditures for services or supplies towards the prosecution of the 
late war, and the defence of the United Slates, or of some part 
thereof during the same ; but this shall not be construed to ex- 
clude any certificate, bill, note, or evidence of debt, which shall 
have been issued in lieu or on account of any other certificate, 
bill, note, or evidence of debt, which was itself issued, in relation 
to such compensations and expenditures. 

fi Resolved — That the debt due to certain foreign officers, the 
interest whereon is payable at the house of Grand, in Paris, be 
discharged out of any moneys obtained, on loan, by the President 
of the United States, in virtue of the act making provision for the 
public debt, which may now be unappropriated. 

¥ Resolved — That the interest on so much of the domestic debt 
as has been, or may be, purchased for the United States, or as 
shall be paid into the treasury, and so much of the sum appro- 
priated for the payment of the interest on the foreign and do- 
mestic debt as shall be over and above what may be sufficient 
for the payment of such interest, shall be appropriated for the re- 
demption of the public debt. The said funds to be applied to 
the purposes aforesaid, by the commissioners hereafter men- 
tioned, under the approbation of the President of the United 
States. 

Resolu- " Resolved— That be commissioners for the purposes afore- 

tions con- sa id ; and that a precise account of all the debts redeemed, and 
of all purchases by them made, be laid before the legislature 
within months after its first meeting in every year." 



Videred. 



The House then proceeded to consider these resolutions, when 
it was moved to mend the first resolution, by adding to it the 
following words : — 

" Except that condition in the act, which renders the debt so 
for subscribed, subject to redemption by payments not exceeding, 



HISTORY OF CONGRESS. 653 

Cbxp.VII. * Public Debt— Subscriptions of Domestic Debt. 1792. 



2d congress, in one year, on account of both principal and interest, a propor- 

st tion of eight dollars upon the hundred, in any certificate which 

shall be issued according to the terms therein specified ; which 

condition, so far as it relates to any part of the debt which may 

hereafter be subscribed, shall be abolished." 

Motion to The question being taken on this motion to amend, it was de- 
amend ne- cided i n the negative, by the following vote : — 

Ayes — Messrs. Ashe, Baldwin, Brown, Clarke, Findley, Giles, 
Gregg, Griffin, Grove, Heister, Jacobs, Kitchell, Kittera, Lee, 
Madison, Mercer, Moore, Murray, Page, Parker, Seney, Jere. 
Smith, Sumpter, Tredwell, Venable, White, Willis.— 27. 

Noes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Hartley, 
Huger, Key, Lawrance, Learned, Livermore, Macon, Muhlen- 
berg, Niles, Sedgwick, Wm. Smith, Steele, Sterrett, Sturges, 
Silvester, Thatcher, Tucker, Wadsworth, Ward. — 30. 

1st, 2d, and The first, second, and third resolutions were then agreed toby H. Journal, 

tions re a-° 1U " the House * 0n lhe 3d ' the House P roceeded to consider the *• 558 * 
greed to. fourth resolution : " Resolved — That a subscription for a further 
loan on the debts of the individual states be opened," &c. It 
was then moved to amend this resolution by inserting, after the 
words " individual states," these words, " whether discharged by 
Motion to the said states respectively, since the treaty of peace, or undis- 
amend 4th charged." And the question being taken on this motion, it was Id. p. 559. 
negatived, decided in the negative, by the following vote: — 

- Ayes — Messrs. Ashe, Baldwin, Brown, Findley, Giles, Gregg, 
Jacobs, Key, Kitchell, Livermore, Macon, Madison, Mercer, 
Moore, Niles, Parker, Seney, Sheridan, Jere. Smith, Sturges, 
Venable, Willis.— 22. 

Noes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Grove, 
Hartley, Hillhouse, Huger, Kittera, Lawrance, Learned, Muh- 
lenberg, Murray, Page, Sedgwick, Wm. Smith, Steele, Silvester, 
Thatcher, Tucker, Wadsworth, Ward, White.— SO. 
4th resolu- The question was then taken on agreeing to the fourth reso- Id. p. 560, 
tion reject- l u tion, and determined in the negative, by the following vote : — 
j\y es — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Fitzsimons, Gerry, Goodhue, Gordon, Grove, Hartley, 
Huger, Key, Lawrance, Learned, Macon, Muhlenberg, Sedgwick, 
Wm. Smith, Steele, Silvester, Thatcher, Tucker, Wadsworth, 
Ward.— 26. 

Noes — Messrs. Ashe, Baldwin, Brown, Clarke, Findley, Giles, 



654 HISTORY OF CONGRESS. 



Chap. VII. Public Debt— Subscriptions of Domestic Debt. 1792. 



2d congress. Gilman, Gregg, Heisler, Hillhouse, Jacobs, Kitchell, Kittera, Lee, 

1st Session. "° •• "■»*■ »* 

Livermore, Madison, Mercer, Moore, Murray, Mies, Page, Par- 
ker, Seney, Sheridan, Jere. Smith, Sturges, Venable, White, 
Willis.— 29. 
5th resolu- On the following day, the fifth resolution was also rejected, H. Journal, 
tton reject- an( j t ^ e gixth> seven th, and eighth resolutions were agreed to. It p * 561, 

6th, 7th, was then agreed that a bill, or bills, be brought in pursuant to 
solutions^" tne first > second, fourth, sixth, seventh, and eighth resolutions, 
agreed to. and that Messrs. Fitzsimons, Lawrance, Key, Macon, and Smith, 
Committee of South Carolina, prepare the same. 

b°nf repare It was then moved, "that it be an instruction to the commit- 
tee last appointed, to report a provision for a loan of the remain- 
ing debts of the individual states ; " and the motion being ob- 
jected to as out of order, the speaker declared that it was not in 
order. An appeal was then made from the decision of the chair, 
but, the judgment of the House being in conformity with the 
speaker's decision, the motion was rejected. 
Bill sup- On the 6th of April, Mr. Fitzsimons, from this committee, pre- h. Journal, 
plement- sen t ec i a bi\\ supplementary to the act making provision for the P* 565, 
making debt of the United States, which was then read the first and.se- 
f ^he 11 conc * ^ me ' anc * committed to a committee of the whole house, 
debt of u\ The bill was considered in committee on the 2d, 3d, and 4th of id. p. 595, 
states. May, when several amendments were reported, which received 596, 598, 
[H.B.178.] the concurrence of the House. On the 5th, a motion was made 
to amend the bill, by inserting, after the third section, the fol- 
lowing clause : — 

" And be it further enacted — That a further loan, to the amount 
of dollars, be proposed, and subscriptions thereto be re- 
ceived, at the same times and places, and by the same persons, 
as hereinbefore mentioned, and that the sums which shall be 
subscribed to the said loan, shall be payable in the debts of the 
states hereinafter mentioned, and in the proportions follow- 
ing :»— 

The previous question was then demanded by five members; id. p. 599, 
to wit: " Shall the main question to agree to the said motion be 600, 
now put V 9 : and the question being taken, it was decided in the 
negative, by the following vote : — 

Ayes — Messrs. Ames, Barnwell, Benson, S. Bourne, B. Bourne, 
Fitzsimons, Gerry, Goodhue, Gordon, Huger, Lawrance, Learned, 
Murray, Wm. Smith, Steele, Sterrett, Sumpter, Silvester, That- 
cher, Tucker, Vining, Wadsworth, Ward, Williamson. — 24. 

Noes— Messrs. Ashe, Baldwin, Boudinot, Brown, Clarke, Day- 



HISTORY OF CONGRESS. 655 



Chap. VII. Public Debt— Claims not barred by Limitations. 1792. 



2d confess, ton, Findley, Giles, Gilman, Gregg, Griffin, Grove, Heister, Hill- 

house, Jacobs, Key, Kitchell, Lee, Livermore, Macon, Madison, 

Moore, Muhlenberg, Niles, Page, Parker, Schoonmaker, Seney, 
Jere. Smith, I. Smith, Sturges, Tredwell, Venable, White, Wil- 
lis.— 35. 

Bill passed. There were then several amendments made to the bill, and it H. Journal, 
was ordered to be engrossed for the third reading. And, on the p " 601# 
7th, the bill was read the third time and passed, and was sent to s. Journal, 
the Senate for concurrence, where, on the same day, the bill P* 440, 
went through all its stages, and was concurred in without amend- 
ment. 

Settlement The House of Representatives, on the 10th of November, 1791, h. Journal, 
of claims ordered the appointment of a committee, consisting of Messrs. P* 452, 

burred fov 

former li- White, Fitzsimons, and Niles, to prepare and bring in a bill, or 
mitations. D j]] S) to provide for the settlement of the claims of persons un- 
der particular circumstances, barred by the limitations hereto- 
fore established: and, on the 8th of February following, Mr. id. p. 503, 
White, from this committee, presented a bill, which was then 504# 
read the first and second time, and committed to a committee of 
[H.B.165.] the whole house. The bill was considered in committee on the 

20th, when several amendments were reported, which occupied id. p. 514, 

the deliberations of the House during that day and the next, 516 * 

when they were agreed to; and the bill, having been further 

amended, was ordered to be engrossed for the third reading. On 

the 22d, the bill was read the third time, and passed. The Se- id. p. 517, 

nate proceeded to act on the bill the same day, when it was read 

the first time, and, on the 24th, received the second reading, and s. Journal; 

was ordered to be read the third time, after being amended. On P- 394 * 397 '- 

the 27th, after the third reading, the bill was referred to Messrs. id. p. 412. 

Ellsworth, Lee, and Strong, from which committee a further 

amendment was reported on the 19th of March, when the bill 

was passed, as amended. On the following day, the amendments h. Journal, 

of the Senate were concurred in by the House of Representa- P* 541, 

tives. 

2d session. On the 30th of November, 1792, the House of Representa- h. Journal, 
BiU rela- tives, in considering the petition of the executors of Edward F;?*™ 6 * 
tive to Carnes, deceased, adopted the following resolution : — 

claims not ° 

barred by "Resolved — That a committee be appointed to inquire whe- 
acts of li- n 

nutation, ther any, and what, measures are necessary to facilitate the set- 
tlement of claims against the United States, not barred by acts 
of limitation, founded upon certificates granted, or settlements 



656 



HISTORY OF CONGRESS. 



CHAP. VII. " Public Debt— Claims not barred by Limitations. 1792-93. 



2d congress, made by any officer or officers, heretofore authorized by the 
ssl ° n ' United States to issue certificates, or make settlements in their 

behalf, and who have not settled their accounts; and to report 

the result of their inquiries." 

It was then ordered, that Messrs. Goodhue, Fitzsimons, Day- 
ton, Parker, and Niles, be a committee, pursuant to this resolu- 
tion. On the 7th of December, Mr. Goodhue, from this commit- H. Journal, 
tee, made a report, which was considered in committee of the p * 
whole on the 17th, when the following resolutions were report- 
ed, and concurred in by the House. 

" Resolved — That all persons having claims upon the United 
States, not barred by any act of limitation, whether founded upon 
certificates, or other written documents from public officers, or 
otherwise, (except loan office certificates, certificates of final set- 
tlement, registers' certificates, and certificates issued pursuant to 
the act making provision for the debt of the United States,) shall 
exhibit the same at the treasury of the United States, within 
months, or be for ever barred from payment or settlement. 

"Resolved — That the accounting officers of the treasury be 
authorized to settle and adjust, after the expiration of the term 
aforesaid, all such of those claims as shall appear to them proper 
to be admitted, and to report to Congress upon all such as they 
may not think proper to admit. " 

It was then ordered, that Messrs. Goodhue, Fitzsimons, Day- id. p. 658; 
ton, Parker, and Niles, prepare and bring in a bill pursuant to 
these resolutions. And, on the 31st of December, Mr. Good- 

[H.B.211.] hue, from this committee, presented a bill relative to claims 
against the United States, not barred by any act of limitation, 
and which have not been already adjusted, which was read the 
first and second time, and committed to a committee of the 
whole house. The bill was acted on in committee on the 10th id." p. 668; 
of January, 1793, when an amendment was reported, which was 671, 
agreed to on the 14th, and the bill was ordered to be engrossed 
for the third reading. On the following day, the bill was read 

Billpassed. the third time, and passed. In the Senate, the bill received the s. Journal, 
first and second reading on the 15th and 16th, and was passed to P- 471 * 472 - 
the third reading; and, on the next day, was referred to Messrs. 
Hawkins, King, and Strong. Mr. Hawkins, on the Gth of Fe- id.p.480„ 
bruary, reported the bill with an amendment, which was adopt- 481, 
ed, and the bill was ordered to the third reading. The third 
reading took place on the next day, after the bill had been 
amended, by inserting in line 14, after the word "interest," the 



HISTORY OF CONGRESS. 657 



Chap. VII. Public Debt— Loans to pay Debts due to States. 1792-93. 



2d Son 8 ' words > "balances entered in the books of the register of the 

" treasury."" The amendment was concurred in by the House on H. Journal, 
4 , . , p. 696. 

the next day. ■ 

Interest on Petitions from Udney Hay having been presented to the Id. p. 500. 

sum order- House of Representatives, during the first session of this Con- 
ed by Con- r . , ? , , 
gress in gress, praying reimbursement of money advanced to American 

1785 as an ffi cers> prisoners in Canada, and for damages and costs reco- 

to certain vered against him by judgment of the Supreme Court of New 

persons. York, and which were referred to the secretary of the treasury; 

and the secretary having reported on these petitions, at the next 

session, on the 22d of November, the report was referred, on the Id. p. 510. 

24th of December, to Messrs. Benson, Griffin, and Willis, with id, p . 626. 

instructions to prepare a bill. Mr. Benson, on the 26th, pre- id. p. 653 t 

[H.B.208.] sented a bill to provide for the allowance of interest on the sum 654 » 

ordered to be paid by the resolve of Congress, of the 28th of id. p. 655. 

September, one thousand seven hundred and eighty-five, as an 

indemnity to the persons therein named, which was then read 

the first time, and received the second reading on the next day. 

The bill was considered on the 1st of January, and reported id. p. 659, 

without amendment, and was then ordered to be engrossed for 66 °- 

Billpassed. the third reading; and, on the 2d, the bill was passed. In the s. Journal, 

Senate, the bill was read the first and second time on the 2d and P* 467 ' 

3d, and was referred to Messrs. Strong, Sherman, and King. id. p. 468, 

From this committee the bill was reported, on the 7th, without 469, 

amendment; and, on the next day, was read the third time, and 

passed. 

The following motion was submitted to the House of Repre- h. Journal, 
sentatives on the 12th of December, 1792. p. 637. 

Resolu- " Resolved — That a loan to the amount of the balances which, 
tions as to U p n a final settlement of accounts, shall be found due from the 
United States to the individual states, be opened at the treasury 
of the^ United States, and at the loan offices in the respective 
states, to commence within months after the said ba- 
lances shall be reported at the treasury, and to continue open 
for the term of months, from the time of its commence- 
ment. 

"Resolved — That the sums to be subscribed to such loans, be 
payable in the principal or interest of the certificates or notes is- 
sued by any such of the said states, as, upon the final settlement 
of accounts, shall have a balance due to them from the United 
Vol. I.— 83 



658 HISTORY OF CONGRESS. 



CHAP. VII. Public Debt— Loans to pay Debts due to States. 1792-93. 



2d congress. States, and which shall have been liquidated to specie value, 

2d Session. . ' , ., r 

■ prior to the day of last. 

tions ft "Resolved — That every subscriber to the said loan shall be en- 
loans, titled to certificates, according to the sum subscribed, of the like 
tenor and description, in the like proportions, and upon the like 
terms, as are specified and directed by the fifteenth and sixteenth 
sections of the act, entitled ' An act making provision for the debt 
of the United States,' except that interest on such of the certifi- 
cates subscribed to the said loan as bear interest, shall be com- 
puted to the last day of the year one thousand seven hundred and 
ninety-three, inclusively, and that interest shall not begin to ac- 
crue upon any of the certificates which shall be issued in lieu 
thereof, till the first day of January, one thousand seven hundred 
and ninety-four. 

" Resolved — That in all cases where the sum subscribed in the 
evidence of the debt of any state shall exceed the balance due to 
such state, the same shall be reduced, (in equal proportions,) to 
the sum actually due to such state." 

This motion was ordered to be committed to a committee of h. Journal, 

the whole house, and was considered in committee of the whole P* 667 ~~ 

ooy. 
on the 10th and 11th of January, when it was reported without 

amendment. The House, on the following day, proceeded to the 

consideration of the motion, when a motion was made to amend 

the first resolution, by adding to the end thereof the following 

proviso : — 

" Provided — That no such loan shall be opened in any state, 
without the assent of the legislature thereof, by an act approving 
the measure." 

The question being put on this motion, it was decided in the 
affirmative by the following vote: — 

Ayes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Clarke, Dayton, Fitzsimons, Gerry, Goodhue, Gor- 
don, Hartley, Hillhouse, Huger, Key, Kitchell, Kittera, Law- 
rance, Learned, Leonard, Livermore, Madison, Muhlenberg, 
Niles, Page, Sedgwick, Silvester, Wm. Smith, Sterrett, Sturges, 
Sumpter, Thatcher, Tucker, Venable, Wadsworth, Ward, 
White.— 38. 

Noes — Messrs. Ashe, Baldwin, Findley, Giles, Gilman, Greenup, 
Gregg, Griffin, Grove, Heister, Lee, Macon, Mercer, Milledge, 
Moore, Murray, Orr, Parker, Schoonmaker, Steele, Tredwell, 
Williamson, Willis. — 23. 

The first resolution was then amended to read as follows : — 



HISTORY OF CONGRESS. 659 



CHAP. VII. Public Debt— Loans to pay Debts due to States. 1793. 



aicongress. " Resolved — That a loan, to the amount of the balances which, 

2d Session. 

_ . upon a final settlement of accounts, shall be found due from the 
Resolu- ' ' 

tions as to United States to the individual states, be opened at the loan of- 

loans. f lces j n t ne respective states, to commence within months 

after the said balances shall be reported at the treasury, and to 

continue open for the term of months from the time of its 

commencement: Provided — That no such loan shall be opened 

in any state without the assent of the legislature thereof, by an 

act approving the measure." 

The question being taken on agreeing to this resolution, it was H. Journal, 
decided in the affirmative by the following vote: — p. 670. 

Jiyes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Clarke, Dayton, Fitzsimons, Gerry, Gilman, Good- 
hue, Gordon, Hartley, Hillhouse, Huger, Key, Kittera, Law- 
rance, Learned, Leonard, Livermore, Muhlenberg, Sedgwick, 
Silvester, Wm. Smith, Sterrett, Sturges, Sumpter, Thatcher, 
Tucker, Wadsworth, Ward, White. — 34. 

Noes — Messrs. Ashe, Baldwin, Findley, Giles, Greenup, 
Gregg, Griffin, Grove, Heister, Kitchell,Lee, Macon, Madison, 
Mercer, Milledge, Moore, Murray, Niles, Orr, Page, Parker, 
Schoonmaker, I. Smith, Steele, Tredwell, Venable, Williamson, 
Willis.— 28. 
Resolu- The remaining resolutions were then agreed to without amend- id. p t $f\ t 

er"edTo ment ? an d Messrs. Fitzsimons, Sedgwick, and Wm. Smith, were 672 * 
instructed to prepare and bring in a bill, or bills, in accordance 
with these propositions. On the 15th, Mr. Fitzsimons, from this 

Bill report- committee, presented a bill " to authorize a loan in the certificates 

ed - or notes of such states, as shall have balances due to them, upon 

a final settlement of accounts with the United States," which was 
read the first and second time, and committed to a committee of 

[H.B.217.] the whole house. This bill was considered in committee of the 

whole on the 21st, and when the committee had risen, after id. p. 676. 
making some progress, it was ordered that the committee of the 
whole be discharged from the further consideration of the bill, 
and that it be recommitted to Messrs. Fitzsimons, Sedgwick, and 
Wm. Smith. On the same day, Mr. Fitzsimons reported an 

[H.B.220.] amendatory bill, which was then read the first and second time, id. p. 67T, 
and committed to a committee of the whole house, and the House 778 ' 
immediately went into committee of the whole on the bill. The 
bill was again considered in committee on the 22d and 23d, when 
several amendments were reported, which were agreed to by the 
House. On the 24th, it was moved to amend the bill by adding 
to the end of the second section the following proviso: — 



660 HISTORY OF CONGRESS. 



Chap. VII. Public Debt— Loans to pay Debts due to States. 1793. 



2d congress. "Provided — That no such notes or certificates shall be sub- 

: — — scribable in any name, other than that of the original owner, if 

living, or, if dead, of his legal representative, and except such a3 
are, or may be, transferred by executors, administrators, or as- 
signs, under any bankrupt act, unless accompanied with an affi- 
davit, certified by a magistrate, that the transfer or assignment 
to the party, in whose name and behalf the subscription is offered, 
was not made at any time, between the first day of January and 
the first day of June next, and that such party is the true and 
bona fide proprietor thereof." 

Motions to The question being taken on this motion to amend, it was de- H. Journal, 
amend. cided in the negative by the following vote: — p% 

Ayes — Messrs. Ashe, Baldwin, Clarke, Dayton, Findley, 
Giles, Greenup, Gregg, Griffin, Grove, Heister, Jacobs, Kltch- 
ell, Lee, Macon, Madison, Mercer, Milledge, Moore, Niles, Orr, 
Page, Parker, Schoonmaker, Steele, Tredwell, Venable, White, 
Williamson, Willis. — 30. 

Noes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, 
Hartley, Hillhouse, Huger, Key, Kittera, Lawrance, Learned, 
Leonard, Livermore, Muhlenberg, Murray, Sedgwick, Silvester, 
Jere. Smith, Wm. Smith, Sterrett, Sturges, Sumpter, Thatcher, 
Tucker, Wadsworth, Ward. — 33. 

It was then moved to amend the bill, by inserting, after the Id. p. 680. 
word " state," in the third line of the second section, the words 
" for services rendered or supplies furnished, during the late war." 
And the question being taken on this motion, it was decided in 
the negative by the following vote: — 

Ayes — Messrs. Ashe, Baldwin, Boudinot, Clarke, Dayton, 
Findley, Giles, Greenup, Grove, Heister, Kitchell, Macon, Madi- 
son, Mercer, Milledge, Moore, Muhlenberg, Murray, Niles, Orr, 
Page, Parker, Schoonmaker, Jere. Smith, Steele, Tredwell, Ven-. 
able, White, Williamson.— 29. 

Noes — Messrs. Ames, Barnwell, Benson, S. Bourne, B. 
Bourne, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Hartley, 
Hillhouse, Huger, Jacobs, Kittera, Lawrance, Learned, Leonard, 
Livermore, Sedgwick, Silvester, Wm. Smith, Sterrett, Sturges, 
Sumpter, Thatcher, Tucker, Wadsworth, Ward, Willis. — 30. 

The consideration of the bill having been resumed on the 25th, id. p. 681. 
it was moved to strike out, in the 2d and 3d lines of the first sec- 
tion, the words " within months;" and in lieu thereof, after 

the word "same," in the tenth line, insert "to commence on 
the first day of January, one thousand seven hundred and nine- 



HISTORY OF CONGRESS. 661 



CHAP. VII. Tublic Debt— Loans to pay Debts due to States. 1793. 



2d congress, tv-four." The question being taken on this motion, it was de- 
ad session. J . 
cided in the affirmative, by the following vote: — 

Jiyes — Messrs. Ames, Ashe, Baldwin, Barnwell, Benson, S. 
Bourne, B. Bourne, Dayton, Findley, Giles, Gilman, Greenup, 
Gregg, Griffin, Grove, Hillhouse, Jacobs, Kitchell, Kittera, 
Learned, Lee, Livermore, Madison, Milledge, Moore, Murray, 
Orr, Page, Parker, Schoonmaker, Sedgwick, Jere. Smith, I. 
Smith, Wm. Smith, Sterrett, Sturges, Sumpter, Venable, White. 
—39. 

Noes — Messrs. Boudinot, Clarke, Fitzsimons, Gerry, Good- 
hue, Hartley, Heister, Huger, Lawrance, Leonard, Macon, Muh- 
lenberg, Niles, Silvester, Steele, Thatcher, Tredwell, Tucker, 
Ward, Williamson. — 20. 
Bill order- The question being then put on the engrossment of the bill \& p # g82. 

ed to be f or tne tn ird reading, it was decided as follows:— 
engrossed. ° 7 

Jlyes — Messrs. Trumbull, speaker \ Ames, Barnwell, Benson, 

Boudinot, S. Bourne, B. Bourne, Dayton, Fitzsimons, Gerry, 
Gilman, Goodhue, Gordon, Hartley, Hillhouse, Huger, Kittera, 
Lawrance, Learned, Leonard, Livermore, Muhlenberg, Sedg- 
wick, Silvester, Wm. Smith, Sterrett, Sturges, Wadsworth, 
Ward, White.— 33. 

Noes — Messrs. Ashe, Baldwin, Clarke, Findley, Giles, Greenup, 
Gregg, Griffin, Grove, Heister, Jacobs, Key, Kitchell, Lee, Ma- 
con, Madison, Mercer, Milledge, Moore, Murray, Niles, Orr, 
Page, Parker, Schoonmaker, Jere. Smith, I. Smith, Steele, Tred- 
well, Venable, Williamson, Willis.— 32. 

The question of the third reading of the bill came up on the h. Journal, 
28th, when the previous question was called for by five mem- P- 683 - 
bers; to wit : " Shall the main question, that the said bill do pass, 
be now put?" And on the previous question, " Shall the main 
question be now put V it was resolved in the affirmative, as fol- 
lows: — 

Ayes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, 
Hartley, Hillhouse, Huger, Key, Kittera, Lawrance, Learned, 
Leonard, Livermore, Muhlenberg, Sedgwick, Silvester, Wm. 
Smith, Sterrett, Sturges, Sumpter, Thatcher, Tucker, Wads- 
worth, Ward, White.— 33. 

Noes — Messrs. Ashe, Baldwin, Clarke, Findley, Giles, Greenup, 
Gregg, Griffin, Grove, Heister, Jacobs, Kitchell, Lee, Macon, 
Madison, Mercer, Milledge, Moore, Murray, Niles, Orr, Page, 
Parker, Schoonmaker, Jere. Smith, I. Smith, Steele, Tredwell, 
Venable, Williamson, Willis.— 31. 



662 HISTORY OF CONGRESS. 



Chap. VII. Public Debt— Information concerning Loans. 1793. 



2d congress. The question was then put on the passage of the bill, and de- h. journal, 

2d Session. * . . * _ . ° , « kqa 

cided in the affirmative, by the casting vote of the speaker, the P- DO *- 

numbers and names being precisely the same as on the question 

of engrossment. In the Senate, this bill was read the first and 

second time on the 28th and 29th ; and was again taken up for S. Journal, 

consideration on the 4th of February. A motion was then made P- 476,479 - 

to agree to the first section of the bill, which was determined in 

the negative, as follows : — 

Yeas — Messrs. Cabot, Dickinson, Ellsworth, Foster, Izard, King, 
Morris, Rutherford, Sherman, Stanton, Strong. — 11. 

Nays — Messrs. Bassett, Bradley, Brown, Burr, Butler, Ed- 
wards, Gunn, Hawkins, Henry, Johnston, Langdon, Monroe, 
Potts, Read, Robinson, Taylor, Wingate. — 17. 

Bill reject- r ^ e subsequent sections of the bill were then disagreed to, 

ed. and the bill was consequently rejected. 

Calls forin- On the 24th of December, 1792, the House of Representa- h. journal, 

formation tiyes adopted this resolution :— P- 653 - 

concerning r 

loans. u ft eso i vec [ — That the secretary of the treasury be directed to 

lay before this House an account of the application of the mo- 
neys borrowed in Antwerp and Amsterdam, for the United States, 
within the present year." 

And on the 27th of the same month, the following resolution 
was adopted: — 

" Resolved — That the President of the United States be re- 
quested to cause this House to be furnished with a particular ac- 
count of the several sums borrowed under his authority, by the 
United States ; the terms on which each loan has been obtained ; 
the applications to which any of the moneys have been made, 
agreeably to appropriations ; and the balances, if any, which re- 
main unapplied. In this statement it is requested that it may be 
specified at what times interest commenced on the several sums 
obtained, and at what times it was stopped by the several pay- 
ments made." 

This resolution was ordered to be transmitted to the President id. p. 655. 
of the United States. And on the 4th of January following, the id. p. 662. 
speaker laid before the House a letter from the secretary of the 
treasury, accompanying certain statements relative to foreign 
loans, which have been made by the United States, under the 
authority of the President, pursuant to the above resolutions. 
These communications were laid on the table. On the 11th of id. p. 668. 
January, also, another letter was laid before the House, from the 



HISTORY OF CONGRESS. 663 



CHAP. VII. Public Debt— Information concerning Loans. 1793. 



2d congress, same officer, accompanying his report of a supplementary state- 
1 '~ ment of loans made in behalf of the United States, pursuant to 

the resolution of the 27th, last quoted. The same disposition was 

made of this report. 

On the 23d of January, 1793, the House, among other resolu- H. Journal, 

tions, adopted the following: — P # 6 " * 

"Resolved — That the President of the United States be re- 
quested to cause to be laid before this House, copies of the autho- 
rities under which loans have been negotiated, pursuant to the 
acts of the fourth and twelfth of August, one thousand seven 
hundred and ninety, together with copies of the authorities di- ' 
recting the application of the moneys borrowed. 

" Resolved — That the President of the United States be re- 
quested to cause this House to be furnished with the names of the 
persons by whom, and to whom, the respective payments of the 
French debt have been made in France, pursuant to the act for . 
that purpose; specifying the dates of the respective drafts upon 
the commissioners in Holland, and the dates of the respective 
payments of the debt. A similar statement is requested respect- 
ing the debts to Spain and Holland." 

On the 4th of February, a communication from the secretary id. p. 689. 
of the treasury was received in reply, which was ordered to lie 
on the table. 

The House of Representatives, on the 25th of February, id. p. 718. 
adopted the following resolution : — 
Resolution " Resolved — That the time for receiving, on loan, that part of 
concerning tne domestic debt of the United States which may not be sub- 
receiving- scribed prior to the first day of March next, pursuant to the terms 
domestic proposed in the act, entitled ' An act making provision for the 
debt. debt of the United States,' and, also, an act, entitled ' An act 

supplementary to the act making provision for the debt of the 
United States,' be extended on the same terms as is, by the first 

recited act, provided, to the day of ; and books for 

receiving such further subscriptions shall be opened at the treasu- 
ry of the United States only, and to continue open until the said 
day of , inclusively." 

It was then ordered that Messrs. Goodhue, Griffin, and Gregg, id. p. 719. 

prepare and bring in a bill embracing these views; and, on the 

[H.B.240.] 27th, Mr. Goodhue presented a bill for extending the time for 

receiving, on loan, that part of the domestic debt of the United 

States which may not be subscribed prior to the first day of 



664 HISTORY OF CONGRESS. 



CHAP. VII. Public Debt— Claim of Maryland. 1793. 



2d congress. March, 1793, which was then read the first and second time, and 

2d Session. 

committed to a committee of the whole house. The bill was 

considered in committee of the whole on the 28th, and being re- H. Journal, 
ported without amendment, was ordered to be engrossed for the p ' * 
third reading ; and, on the 1st of March, the blanks were filled 

Billpassed. up, and the bill was read the third time and passed. The bill g Jo ^ 
was considered and concurred in by the Senate on the same day. p. 500. 



2d congress. On the 31st of March, 1792, the following motion was sub- 1792. 

1st Session. . _^ . • 

mitted to the House of Representatives : — 

Claim of "Whereas, by several documents and papers communicated H. Journal, 

Maryland. j n p Ursuance of a resolve of the legislature of Maryland, it ap- P* 555 - 
pears that Nicholas Buxton Moore received from the treasurer 
of that state, on the 24lh day of November last, the sum of two 
hundred and forty-two pounds, eight shillings, and three pence, 
current money of the said state, the amount of a judgment ren- 
dered against him in the General Court of the same state, on ac- 
count of horses purchased for the use of the United States, during . 
the late war; and that the claim of the said state, by the pay- 
ment aforesaid, hath not been credited in the accounts of the 
same with the United States : 

"Resolved — That the proper officers of the treasury be autho- id. p. 556*. 
rized, and they are hereby directed, to adjust and settle the said 
claim with the agent of the state aforesaid, any limitations in the 
acts of Congress to the contrary notwithstanding." 

This motion was referred to Messrs. Seney, Gerry, and Sump- id. p. 562. 
ter. Mr. Seney reported on the 4th of April, and, on the 9th, ia. p . 569, 
the House considered the report, and came to the following reso- 5 7°> 
lution : — 

" Resolved — That the claim of the said state be allowed for the 
sum of two hundred and forty-two pounds, eight shillings, and 
three pence, current money of the said state, paid to Nicholas 
Buxton Moore, for the amount of a judgment rendered against 
him, in the General Court of the said state, on account of horses 
purchased for the use of the United States, during the late war ; 
and that the commissioners for settling the accounts between the 
United States and individual states, be authorized and directed to 
adjust and settle the said claim with the agent of the state afore- 
said, on the same principles as other claims of the several states 
are adjusted and settled; any limitation in the acts of Congress 
to the contrary notwithstanding." 



HISTORY OF CONGRESS. Q65 



Public Debt— Call for Information. 1792. 



2d congress. The same committee were then instructed to prepare and h. Journal, 

■ — - bring in a bill; and, on the 10th, Mr. Seney presented a bill to P- 5 ?M72. 

[H.B.180.] direct the settlement of a certain claim of the state of Maryland, 
which was then read the first and second time, and committed to 
a committee of the whole house. The bill was taken up in com- 
mittee of the whole on the 12th, and some progress was made? Id. p. 577* 

Bill not but the bill does not appear to have been acted on at any subse- 
actedon. quent perM , 

2d session. On the 19th of February, 1793, it was moved that the House I79& 



of Representatives come to the following resolution: — ■ h. Journal, 

p.706,707, 
" Resolved — That the commissioners for purchasing the pub- 
lic debt, be directed to lay before this House a statement of all 
their proceedings, not heretofore furnished." 

It was moved to amend the resolution by inserting, after the 
word "House/ 5 the words, "their resolves as commissioners, 
approved by the President of the United States, together with." 
And the question being taken on this motion, it was decided in 
the negative, by the following vote:— 

Jlyes — Messrs. Ames, Ashe, Barnwell, Benson, Boudinot, S. 
Bourne, B. Bourne, Dayton, Fitzsimons, Gilman, Goodhue, Gor- 
don, Griffin, Hartley, Hillhouse, Huger, Kitchell, Kittera, Law- 
rance, Learned, Leonard, Livermore, Niles, Sedgwick, Silves- 
ter, Steele, Sturges, Thatcher, Wadsvvorth, Ward. — 30. 

Noes — Messrs. Baldwin, Clarke, Fiudley, Gerry, Giles, 
Greenup, Gregg, Grove, Heister, Hind man, Key, Lee, Macon, 
Madison, Mercer, Milledge, Moore, Muhlenberg, Murray, Orr, 
Page, Parker, Schoonmaker, Jere. Smith, I. Smith, Sumpter, 
Tredwell, Tucker, Venable, White, Willis.— 31. 

It was then moved to amend the resolution, by striking out Id. p. 707, 
the words " not heretofore furnished," and inserting, in lieu ^ 08# 
thereof, the words, " under the acts for the reduction of the pub- 
lic debt, since the date of the purchases mentioned in their last 
report." [The former reports of the commissioners may be 
found in the House Journal, p. 450 and 621.] The question be- 
ing taken on this motion to amend, it was decided in the nega- 
tive, by the following vole:— 

Jlyes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Dayton, Gilman, Goodhue, Lawrance, Learned, 
Leonard, Livermore, Sedgwick, Sturges, Thatcher, Wadsworth, 
Ward.— 18. 

Noes — Messrs. Ashe, Baldwin, Clarke, Findley, Fitzsimons, 
Vol. I.— 84 



666 HISTORY OF CONGRESS. 



Chap. VII. Public Debt— Commissioners of Loans. 1793. 



2d congress. Gerry, Giles, Gordon, Greenup, Gregg, Griffin, Grove, Hartley, 
" Heister, Hillhouse, Hind man, Huger, Key, Kitchell, Kittersr, 

Lee, Macon, Madison, Mercer, Milledge, Moore, Muhlenberg, 
Murray, Niles, Orr, Page, Parker, Schoonmaker, Silvester, 
Jere. Smith, I. S-mith, Steele, Sumpter, Tredwell, Tucker, Ve* 
nable, White, Willis.— 43. 

The resolution was then adopted by the following vote: — 

Ayes — Messrs. Ashe, Baldwin, Clarke, Findley, Gerry, Giles-, 
Gordon, Greenup, Gregg, Griffin, Grove, Hartley, Heister, 
Hindman, Key, Kittera, Lee, Macon, Madison, Mercer, Mil- 
ledge, Moore, Muhlenberg, Murray, Niles, Orr, Page, Parker, 
Schoonmaker, Silvester, Jere. Smith, I. Smith, Steele, Sump- 
ter, Tredwell,. Tucker, Venable, White, Willis.— 39. 

Noes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Dayton, Fitzsimons, Gilman, Goodhue, Hillhouse, 
Huger, Kitchell, Lawrance, Learned, Leonard, Livermore, 
Sedgwick, Sturges, Thatcher, Wadsworth, Ward. — 22. 

So the resolution was adopted; and, on the 25th, the speaker h. journal 
submitted to the House a letter from the commissioners, accom- p- 717. 
panying a statement, such as was called for by the resolution. 
The documents were ordered to lie on the table. 



1st congress. On the 13th of January, 1791, a motion was submitted to the 179^ 

3d Session. 



House of Representatives, " That a committee be appointed to HiJourna i 
sionera^of C0nsic ^ er an d report whether any, and what, further compensation p. 354. 
loans. is necessary to be made to the commissioners of loans, to defray 

the extraordinary expense occasioned to them, in the first in- 
stance, in the execution of the act making further provision for 
the debt of the United States." The motion was ordered to be 
referred to the secretary of the treasury. The response of the 
secretary to this report was received on the 15th of February, id. p. 379. 
which was considered on the 23d, and agreed to, as follows: — 38 ^* 

" That provision should be made, bylaw, for admitting to 
the credit of the several commissioners of loans, in the settle- 
ment of their respective accounts, all such sums as shall appear 
to have been necessarily expended by them in the purchase of 
stationary, and for the hire of clerks in relation to the execution 
of their offices, from the commencement of the same to the first 
day of October next, deducting the salary of one clerk in re- 
spect to each of the commissioners of Massachusetts, New York, 
Pennsylvania, and Virginia." 



HISTORY OF CONGRESS. 067 



CffAP.VIL Public Debt— Compensation to Commissioners of Loans. 1791. 



ist congress. It was then ordered that Messrs. Williamson, Partridge, and H. Journal, 

— White, prepare and bring in a bill to this effect. And, on the P- 388 » 389 - 

[H.B.135.] 24th, Mr. Williamson, from this committee, presented a bill for 

Act ma- making compensations to the commissioners of loans for extra- 
king- ^com- orc ij nar y expenses and services, which was then read the first 
to commis- and second time, and committed to a committee of the whole 
loam 1 * for k° U5e - The bill was considered in committee of the whole on h. Journal, 
extraordi- the 2Sth, when an amendment was reported as follows: — p. 395. 

ry ex- 

nses. " Strike out the last clause of the bill, in the words following: 

'excepting only the hire of one clerk for the several commis- 
sioners in the states of Massachusetts, New York, Pennsylvania, 
and Virginia.' " 

The question being taken on agreeing to this amendment, it 
was decided in the negative, as follows: — 

•flyes — Messrs. Ames, Benson, Burke, Cadwalader, Carroll, 
Clymer, Fitzsimons, Floyd, Gerry, Giles, Griffin, Hartley, Ha- 
thorn, Huntington, Lawrance, Muhlenberg, Van Rensselaer, 
Scott, Sedgwick, Stone, Trumbull, Wadsworth, Wynkoop. — 23. 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Boudinot, B. 
Bourne, Brown, Contee, Foster, Gilman, Grout, Jackson, Leo- 
nard, Livermore, Mathews, Partridge, Schureman, Seney, Sher- 
man, Sinnickson, Smith, of Maryland, Smith, of South Caro 
lina, Sturges, Sumpter, Thatcher, Tucker, White, Williamson. 
—27. 

The bill was then passed and sent to the Senate, where it was s. Journal, 
read the first time on the same day; on the 2d, the bill was read P- 293. 298. 
the second time, and referred to Messrs. Langdon, Schuyler, and 
Ellsworth. Mr. Langdon soon afterwards reported the bill with 
an amendment, which was agreed to, and the bill was passed on 
the following day, so amended as to strike out the words " ex- 
cepting only the hire of one clerk for the several commission- 
ers in the states of Massachusetts, New York, Pennsylvania, and 
Virginia." 

The amendment of the Senate was disagreed to by the House h. Journal 
of Representatives, as follows: — p. 403. 

Jlyes — Messrs. Cadwalader, Carroll, Clymer, Fitzsimons, 
Floyd, Gale, Griffin, Giles, Hartley, Hathorn, Heister, Hunting- 
ton, Lawrance, Lee, Scott, Sedgwick, Sherman, Silvester, Trum- 
bull, Wynkoop. — 20. 

Noes — Messrs. Baldwin, Boudinot, B. Bourne, Brown, Burke, 
Contee, Foster, Gilman, Jackson, Leonard, Livermore, Madi- 
son, jr., Muhlenberg, Partridge, Schureman, Sinnickson, Smith, 



668 HISTORY OF CONGRESS. 



Chap .VII. Public Debt— Compensation to Commissioners (ft Loans. 1791. 



lycon^ress. f Maryland, Smith, of South Carolina, Sumpter, Vining, White, 
" Williamson. — 22. 

The Senate, however, determining to adhere to their amend- s. Journal, 
ment, the House resolved to recede from their disagreement by P* 306, 
the following vote, the question being to recede: — 

Jlyes — Messrs. Cadwalader, Clymer, Fitzsimons, Floyd, Gale, 
Griffin, Giles, Hartley, Hathorn, Huntington, Lawrance, Lee, 
Muhlenberg, Partridge, Scott, Sedgwick, Sevier, Sherman, Sil- 
vester, Trumbull, Vining, Wadsworth, Wynkoop. — 23. 

Noes — Messrs. Ashe, Baldwin, Blood worth, Boudinot, Con- 
tee, Foster, Jackson, Leonard, Livermore, Mathews, Van Rens- 
selaer, Schureman, Seney, Sinnickson, Smith, of Maryland, 
Smith, of South Carolina, Steele, Sumpter, White, Williamson. 
—20. 
Billpassed. Thus the bill was concurred in. 



2d congress. Early in the first session of the second Congress, a petition 1709 

1st Session. ° 7 r ±io*. 

~ was presented to Congress, from Jabez Brown, commissioner of h. Journal, 

tion to loans in the state of Rhode Island, praying to be allowed the ex- p. 478.526. 

commis- p ense f stationary and clerk hire, until the first day of October 

sioners of * . J 7 J 

loans. next, which was referred to the secretary of the treasury. On 

the 3d of March, a report was received by the House of Repre- 
sentatives from the secretary, on this petition, and also on a pe- 
tition of William Gardner, commissioner of loans for the state of 
New Hampshire; and the report was referred to Messrs. Bourne, 
of Rhode Island, Mercer, and Tucker. A report was made by 
Mr. Bourne, from this committee, on the 16th, which was com- j c i. p> 537. 
mitted to a committee of the whole house, and was taken up for 594 - 
consideration in committee on the 1st of May, but without 
coming to any conclusion. On the 4th, the committee, on mo- 14. p.598. 
tion, were discharged from the further consideration of the re- 
port, and Messrs. Bourne, of Rhode Island, Griffin, and Ashe, 
were appointed a committee to prepare and bring in a bill to pro- 
vide for the payment of the hire of clerks, and for stationary in 
the offices of the several commissioners of loans. Mr. Bourne, on 

[H.B.194,] the 7th, presented, from this committee, a bill for making com- id. p. 601. 
pensations to the commissioners of loans for extraordinary ex- 
penses, which was read the first and second time, and ordered to 
be engrossed; and, on the same day, the bill was read the third 

Billpassed. time and passed. In the Senate, the bill was taken up on the s. Journal, 
same day, and received its various readings, and was passed with- P* 440 ' 
out opposition or amendment 



HISTORY OF CONGRESS. 669 



CaAP. VII. Public Debt— United States Bank— Act of Incorporation. 1790-91. 




In reference to the first charter of the Bank of the United 
States, which was granted by the first Congress, the proceedings, 
as connected with the public debt, properly demand a place in 
this chapter. 

On the 13th of December, 1790, a report was communicated h. Journal, 
to the House of Representatives, by the secretary of the trea- P* 336 - 
sury, in relation to a provision for the establishment of the pub- 
lic credit, and in which a reference is made to the expediency 
of a national bank. And, on the following day, another letter 
from the secretary, Number 2, was communicated, containing 
a plan for the institution of a national bank. The report was 
committed to a committee of the whole house; and, on the 23d, Id. p. 341. 
the clerk was ordered to carry to the Senate a copy of this re- 
port. On the same day, the Senate referred the report to Messrs. s. Journal, 
Strong, Morris, Schuyler, Butler, and Ellsworth, with an instruc- l^Q—ili' 
tion to prepare a bill, Mr. Strong, on the 3d of January, re- 
ts. B. 17.] ported a bill, which was read the first time, and, on the 6th, re- 
ceived the second reading. The bill was further considered and 
discussed on the 10th, 11th, 12th, and 13th, when it was agreed 
to fill the blank in the title with these words : " The United 
States of America." It was then moved to limit the term of 
incorporation to seven years, and a motion was made to extend 
the term of incorporation to the 4th of March, 1815. The 
question, on this latter motion, was decided in the affirmative, 
by the following vote : — - 

Yeas — Messrs. Bassett, Dickinson, Ellsworth, Elmer, Johnson, 
King, Langdon, Morris, Read, Schuyler, Strong. — 11. 

Nays — Messrs. Butler, Few, Foster, Hawkins, Henry, John- 
ston, Izard, Maclay, Monroe, Wingate. — 10. 

A motion was then made to add to the last clause agreed to, id. p. 233. 
the following : " Provided, nevertheless, that nothing herein con- 
tained shall be construed to exclude the right of amending the 
same, or giving twelve months' notice from and after the first 
day of January, 1S00." This motion was, on the following day, 
decided in the negative. A successful motion was then made to 
reconsider the term of incorporation, and to limit it to the 4th Id. p. 234, 
day of March, 1811. On the 17th and 18th, the bill was fur- 
ther considered, and was recommitted for further amendments. 
Mr. Strong, on the same day, reported various amendments, 
which were agreed to. It was moved, on the following day, to 
expunge the 12th section ; namely : " And be it further enacted — 
That no other bank shall be established by any future law of 
the United States, during the continuance of the corporation 



670 HISTORY OF CONGRESS. 



Chap. VII. Public Debt— United States Bank— Act of Incorporation. 1791. 



1st congress, hereby created; for which the faith of the United States is 

: — - hereby pledged." But this motion did not prevail ; and the bill 

U.S. Bank. was or( j ere d to the third reading. On the 20th, the Senate pro- 
ceeded to the third reading, when it was again moved to recon- 
sider the term of incorporation, and limit it to the year 1801, in- 
stead of 1811 ; but this motion was determined in the negative, 
as follows : — 

Yeas — Messrs. Butler, Few, Gunn, Hawkins, Izard, Monroe. 
—6. 

Nays — Messrs. Bassett, Dalton, Dickinson, Ellsworth, Elmer, 
Foster, Johnson, King, Langdon, Maclay, Morris, Read, Schuyler, 
Stanton, Strong, Wingate. — 16. 

Another motion was then made to expunge the 12th section : 
but this motion was rejected, by the following vote : — 

Yeas — Messrs. Butler, Few, Hawkins, Izard, Monroe. — 5. 

Nays — Messrs. Bassett, Dalton, Dickinson, Ellsworth, Elmer, 

Foster, Gunn, Johnson, Johnston, King, Langdon, Maclay, Morris, 

Read, Schuyler, Stanton, Strong, Wingate. — 18. 

Passed by The bill was then passed with the following title: " An act to 

Senate. incorporate the subscribers to the Bank of the United States," 

and was sent to the House of Representatives for concurrence. 

In the House of Representatives, this bill was read the first H. Journal, 
and second time, on the 21st of January, and was committed to P" 358, 
a committee of the whole house. And, on the 31st, the bill was id. p. 367. 
considered in committee of the whole, and, no amendment being 
reported, was ordered to the third reading. It was moved, on 
the 1st of February, that the bill be recommitted to the commit- id. p. 368. 
tee of the whole ; and the question being taken on this motion, 
it was decided in the negative, as follows : — 

Ayes — Messrs. Ashe, Baldwin, Bloodworth, B. Bourne, Brown, 
Burke, Carroll, Contee, Gale, Grout, Giles, Jackson, Lee, Madi- 
son, jr., Mathews, Moore, Parker, Smith, of Maryland, Smith, of 
South Carolina, Stone, Tucker, White, Williamson. — 23. 

Noes — Messrs. Ames, Benson, Boudinot, Cadvvalader, Cly- 
mer, Fitzsimons, Floyd, Foster, Gerry, Gilman, Goodhue, Hart- 
ley, Hathorn, Heister, Huntington, Lawrance, Leonard, Liver- 
more, Muhlenberg, Partridge, Van Rensselaer, Schureman, 
Scott, Seney, Sherman, Silvester, Sinnickson, Steele, Sturges, 
Thatcher, Trumbull, Vining, Wadsworth, Wynkoop. — 34. 

The bill was then discussed during the 2d and 3d of Februa- id. p. 369. 
ry, when a motion was made to recommit the first section of the 
- bill to a committee of the whole house, " for the purpose of al- 
tering the time or manner of subscribing; so that the holders of 



HISTORY OF CONGRESS. 671 



CHAP. VII. Public Debt— United States Bank— Act of Incorporation. 1791. 



ist congress, state securities, assumed to be paid by the United States, maybe 

3d Session . 7 I J 7 J 

on a footing with the holders of other securities, formerly called 
' * ai * national securities." 

This motion was made by Mr. Williamson, and led to some 
debate, when the question being taken, it was decided in the ne- 
gative, as follows: — 

Jiyes — Messrs. Baldwin, Bloodworth, Brown, Burke, Car- 
roll, Contee, Gale, Grout, Giles, Jackson, Lee, Madison, jr., 
Mathews, Moore, Sevier, Smith, of South Carolina, Steele, 
Stone, Tucker, White, Williamson. — 21. 

Noes — Messrs. Ames, Benson, Boudinot, B. Bourne, Cadwa- H j ourna j 
lader, Clymer, Fitzsimons, Floyd, Foster, Gerry, Gilman, Good- p. 370—. 
hue, Griffin, Hartley, Hathorn, Heister, Huntington, Lawrance, ' 
Leonard, Livermore, Muhlenberg, Parker, Partridge, Van Rens- 
selaer, Schureman, Scott, Sedgwick, Seney, Sherman, Silvester, 
Sinnickson, Smith, of Maryland, Sturges, Thatcher, Trumbull, 
Vining, Wadsworth, Wynkoop. — 38. 

The bill was further debated on the 4th, 5th, 7th, and 8th; Mr. Legislative 
Madison, Mr. Gerry, Mr. Giles, Mr. Sedgwick, Mr. Boudinot, ^ e d nt ^ ocu " 
Mr. Stone, Mr. Jackson, Mr. Vining, and Mr. Smith, of South History of 
Carolina, being among the principal speakers. Mr. Madison * 37^35 
then moved the previous question; namely: "Shall the main 
question be now put?" and this motion was decided in the affirm- 
ative, by the following voter — 

Ayes- — Messrs. Ames, Benson, Boudinot, B. Bourne, Cadwa- h. Journal;, 
lader, Clymer, Fitzsimons, Floyd, Foster, Gerry, Gilman, Good- P* 372 * 
hue, Hartley, Hathorn, Heister, Huntington, Lawrance, Leo- 
nard, Livermore, Muhlenberg, Partridge, Van Rensselaer, 
Schureman, Scott, Sedgwick, Seney, Sevier, Sherman, Silvester, 
Sinnickson, Smith, of Maryland, Smith, of South Carolina, 
Steele, Sturges, Thatcher, Trumbull, Wadsworth, Wynkoop. 
—38. 

Noes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke-, 
Carroll, Contee, Gale, Grout, Giles, Jackson, Lee, Madison, jr., 
Mathews, Moore, Parker, Stone, Tucker, White, Williamson. 
—20. 

The main question was then put, that the bill do now pass, 
which was decided in the affirmative, as follows: — 

Jlyes — Messrs. Ames, Benson, Boudinot, B. Bourne, Cadwa- id. p. 37S, 
lader, Clymer, Fitzsimons, Floyd, Foster, Gerry, Gilman, Good- 
hue, Hartley, Hathorn, Heister, Huntington, Lawrance, Leonard, 
Livermore, Muhlenberg, Partridge, Van Rensselaer, Schure- 
man, Scott, Sedgwick, Seney, Sevier, Sherman, Silvester, Sin- 



672 HISTORY OP CONGRESS. 



CHAP. VII, Public Debt— United States Bank— Supplementary Aet, 1791. 



1st congress, nickson, Smith, of Maryland, Smith, of South Carolina, Steele, 
— ession ' Sturges, Thatcher, Trumbull, Vining, Wadsworth, Wynkoop. 
U.S. Bank. ^9. 

Bill passed Noes — Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, 
by House. Carroll, Contee, Gale, Grout, Giles, Jackson, Lee, Madison, jr., 

Mathews, Moore, Parker, Stone, Tucker, White, Williamson, 

—20. 

Supple- Oa the 9th of February, the House appointed Messrs. Smith, h. Journal, 
mentabt f South Carolina, Williamson, and Vining, to be a committee to p-374,375. 
prepare and bring in a bill supplementary to an act, entitled " An 
act to incorporate the subscribers to the Bank of the United 
[H.B.125.J States;" and, on the following day, Mr. Smith presented a bill, 
which was then read the first time, and, on the 11th, received the 
second reading, and was committed to a committee of the whole 
house. In committee, the bill was considered on the 22d, and id. p. 386, 
several amendments were reported, which were agreed to, and 387, 
the bill was ordered to be engrossed; and, on the next day, it 
Billpassed. was reaa " the third time, passed, and transmitted to the Senate, 

where it was read the first time. On the 24th, the bill received s. Journal, 
the second reading, and was ordered to be read the third time, by P* 279, 
the following vote: — 

Yeas — Messrs. Bassett, Butler, Dalton, Dickinson, Ellsworth, id. p. 280. 
Elmer, Few, Hawkins, Henry, Johnson, Johnston, Izard, King, 
Langdon, Lee, Maclay, Morris, Read, Schuyler, Stanton, Strong, 
Wingate. — 22. 

Nays — Messrs. Carroll, Gunn, Monroe. — 3. 

The bill was taken up for the third reading on the 25th of Fe- Id. p. 288. 
bruary, when an unsuccessful motion was made to add the fol- 
lowing section to the bill: — 

" Sect. — . Jind be it further enacted — That the term 'law,' 
ased in the third section of the original act, which requires that 
the by-laws, ordinances, and regulations of the said corporation, 
shall not be contrary to law or the constitution thereof, shall be 
construed to mean the laws of the individual states, as well as of 
the United States." 

This motion having been rejected, it was then moved to 
adopt the following clause, as an addition to the bill. 

" Jind be it further enacted — That nothing in the act to 
which this is a supplement, shall restrain the legislature of the 
United States from repealing the same, and abolishing the cor- 
poration thereby established, at any time after the fourth day of 
March, in the year one thousand eight hundred and two." 



HISTORY OF CONGRESS. 673 



Chap. VII. Public Debt— Reimbursement of Loan to United States Bank. 1791. 



ist congress. The question being; taken on this motion, it was decided in the 

3d Session. 



U.S. Bank. 



negative, by the following vote: — 

Yeas — Messrs. Butler, Carroll, Few, Gunn, Hawkins, John- 
ston, Izard, Lee, Monroe. — 9. 

Nays — Messrs. Bassett, Dalton, Dickinson, Ellsworth, El- 
mer, Foster, Henry, Johnson, King, Langdon, Maclay, Morris, 
Read, Schuyler, Stanton, Strong, Wingate.-— 17. 
Bill passed The Senate then concurred in the bill as it came from the 
by Senate. House of Representatives. 

On the 21st of February, Mr. Schuyler gave notice that he 
should move for leave to bring in " a bill to provide further pay- 
ment of balances due to the United States in certain cases. '* 
And, on the 26th, the bill was introduced and read the first 
time, as follows: — 

Bill to au- " Sect, 1* Be it enacted, by the Senate and House of Representatives s. Journal* 

thorize Q r t ^ e United States of America, in Congress assembled— -That, in P» 277*. 289, 
paymentof J _ _ , „ , ■ , ,, . 

balances every case ot the settlement ox an account at the treasury ot the 

due to the United States, (in which, if a balance had been or should be 

States 

in certifi- found against the United States, such balance would have been 
!m? S f f or wou ^ be liquidated by a certificate,) if a balance has been 
the u. or shall be found in favour of the United States, it shall be law- 
States. f u l for the person or persons from whom such balance is or shall 
be due, to pay or satisfy the same, in certificates of debt due from, 
the United States, of the like tenor, and upon the like principles, 
as if such balance had been found against the United States." 

On the 28th, the bill was read the second time; and, after an id. p. 290, 
Postponed, unsuccessful motion to postpone, was committed to Messrs. 291 « 
Strong, Lee, and Schuyler. Mr. Strong reported on the same 
day, and the bill was then postponed to the next session of Con- 
gress. 

There is no record of any future action on the bilL 



2d congress. In his speech at the Opening of the second session of the se- lie®, 

— ~ cond Congress, the President of the United States, after advert- ZTZ T 

Bill to re- . ° . . H. Journal, 

imburse ing generally to the redemption of the public debt, thus remarks p. 613. 

loan made on ^ e reimbursement of the loan due to the United States 
of U. S. 

Bank. Bank; 

" Provision is likewise requisite for the reimbursement of the 
loan which has been made of the Bank of the United States, 
pursuant to the eleventh section of the act by which it is incor- 
Vol. I.— 85 



674 HISTORY OF CONGRESS. 



Chap. VII. Public Debt— Reimbursement of Loan to United States Bank. 1792. 



m congress, porated. In fulfilling the public stipulations in this particular, 

— — - — — it is expected a valuable saving will be made." 

Bill to re- 
imburse The eleventh section of the incorporation act to which the 

' ' President here refers, is as follows: — 

" Sect. 11. *flnd be it further enacted — That it shall be law- 
ful for the President of the United States, at any time or times, 
within eighteen months after the first day of April next, to 
cause a subscription to be made to the stock of the said corpora- 
tion, as part of the aforesaid capital stock of ten millions of dol- 
lars, on behalf of the United States, to an amount not exceeding 
two millions of dollars; to be paid out of the moneys which 
shall be borrowed by virtue of either of the acts, the one enti- 
tled ' An act making provision for the debt of the United 
States;' and the other entitled ' An act making provision for the 
reduction of the public debt:' borrowing of the bank an equal 
sum, to be applied to the purposes for which the said moneys 
shall have been procured, reimbursable in ten years, by equal 
annual instalments, or at any time sooner, or in any greater pro- 
portions that the government may think fit." 

On the 22d of November, the following resolution, reported H. Journal, 
by the committee of the whole house, to which had been referred P" 625- 
the speech of the President, was agreed to by the House. 

" Resolved — That the secretary of the treasury be directed to 
report the plan of a provision for the reimbursement of the loan 
made of the Bank of the United States, pursuant to the eleventh 
section of the act, entitled i An act to incorporate the subscribers 
to the Bank of the United States.' " 

On the 3d of December, the secretary reported a plan to the id. p. 631. 
House, which was, on the 13th, committed to a committee of ^ 7 ' 651, 
the whole house. And, on the 19th, a motion was made, and 
agreed to, to discharge the committee of the whole from the con- 
sideration of the report, and to appoint a committee " to report 
a bill authorizing a loan equal to the sum borrowed of the said 
bank, to be applied to the said reimbursement; and providing 
that so much of the dividend in the stock of government in the 
said bank, as may be necessary, be appropriated for paying the 
interest of the sum to be borrowed." Messrs. Sedgwick, Law- 
rance, and Murray, were then constituted this committee. And, 
£H.B.207.] on the 21st, Mr. Sedgwick presented a bill conforming to the id. p. 652. 
resolution of the House, which bill was read the first and second 
time, and committed to a committee of the whole house. This 



HISTORY OF CONGRESS. 675 



'Chap. VII. Public Debt— Reimbursement of Loan to United States Bank. 1792. 



2d congress, bill was considered in committee of the whole on the 24th, and H. Journal, 

2d Session. D gtg 

; was reported with an amendment, which was agreed to by the p * 

imburse re " House; and the bill and amendment were then ordered to lie on 
loan, &c. the table. The consideration of the bill was resumed on the id. p. 654. 
26th, when a motion was made to strike out the first section, as 
follows:— 

"Sect. i. Beit enacted, by the Senate and House of Repre- 
sentatives of the United States of America, in Congress as- 
sembled — That the President of the United States be, and he is 
hereby, authorized to cause to be borrowed, on behalf of the 
United States, a sum not exceeding two millions of dollars, at 
an interest not exceeding five per centum per annum, to be ap- 
plied to the reimbursement of a loan made of the Bank of the 
United States, in pursuance of the eleventh section of the act, en- 
titled ' An act to incorporate the subscribers to the bank of the 
United States:' Provided, That no engagement nor contract shall 
be entered into, which shall preclude the United States from re- 
imbursing any sum or sums borrowed, within years after 

the same shall be lent or advanced." 

The question being taken on this motion, it was decided in the 
negative by the following vote: — 

Ayes — Messrs. Ashe, Baldwin, Findley, Giles, Greenup, 
Grove, Lee, Madison, Moore, Parker, Schoonmaker, Silvester, 
I. Smith, Steele, Sturges, Sumpter, Tredwell, Venable. — 18. 

Noes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gor- 
don, Gregg, Griffin, Hartley, Hillhouse, Huger, Jacobs, Key, 
Kitchell, Kittera, Learned, Leonard, Livermore, Milledge, Mur- 
ray, Niles, Sedgwick, Wm. Smith, Thatcher, Tucker, Wads- 
worth, White, Williamson, Willis. — 35. 

It was then moved to amend the bill, by striking out, in the Id p 654 
sixth line of the first section, the words " two millions of dol- $55. 
lars," and inserting in their room, the words " two hundred thou- 
sand dollars." The question being taken on this motion, it was 
decided as follows: — 

Ayes — Messrs. Ashe, Baldwin, Findley, Giles, Greenup, 
Gregg, Griifin, Grove, Key, Kitchell, Lee, Madison, Milledge, 
Moore, Niles, Parker, Schoonmaker, I. Smith, Steele, Sturges, 
Sumpter, Tredwell, Tucker, Venable, White, Williamson, Wil- 
lis.-— 27. 

Noes — Messrs. Trumbull, speaker, Ames, Barnwell, Benson, 
Boudinot, S. Bourne, B. Bourne, Dayton, Fitzsimons, Gerry, 



676 HISTORY OF CONGRESS. 



CHAP.VII. Public Debt— Calls for Information. 1792-93. 



2d congress. Gilman, Goodhue, Gordon, Hartley, Hillhouse, Huger, Jacobs, 

— — Kittera, Learned, Leonard, Livermore, Murray, Sedgwick, Sil- 

Billtore- vester Wm. Smith, Thatcher, Wadsworth.— 27. 
imburse ? 7 ' 

loan, &c. The motion was, therefore, lost. It was then moved and 

agreed to, so to amend the bill, as to strike out, in the seventh 
line of the first section, the words "not exceeding," and insert- 
ing in their place these words, ^ which, including the expense, 
shall not exceed." 

On the following day, the House refused a motion to resume H. Journal, 
the consideration of the bill, which was not again taken up until P« 656 - 
the 27th of February, 1793, when it was recommitted to a com^ 
mittee of the whole house, reported with amendments, and or- 
dered to be engrossed for the third reading. On the next day, id. p. 721, 
the bill was read the third time, and passed, with the title as fol- ' 
lows: — c An act providing for the payment of the first instalment 
due on a loan made of the Bank of the United States." The bill s. Journal, 
was read the first time in the Senate, on the same day, and, on p ' 
the first of March, it was read the second and third time and 

Bill passed, passed. 

Calls on ® n tne ^th of January, 1793, a motion, as follows, was sub- id. p. 471. 
treasury mitted to the Senate by Mr. Butler, and being seconded by Mr. 
matloncon- Bradley, was agreed to:— 

bank^ae- " Ordered— That the secretary of the treasury lay before the 

count with Senate the account of the United States with the Bank of the 

& ^ **■ Sy United States; specifying the precise sums, with the dates of the 

debits and credits, from the institution of the bank to the day 

the return is made. 

ft That the secretary of the treasury also lay before the Senate 
an account of the surplus of revenue appropriated to the pur- 
chase of the public debt, to the same period; specifying the sums 
and dates. 

"That he lay before the Senate a statement of the money id. p. 472. 
borrowed by virtue of the law passed August the 4th, 1790, 48 °- 
with the appropriation of the amount, and the precise dates. p 67™ 689 

" That he lay before the Senate the amount and application of 702. 704. 
the money borrowed by virtue of the law of August the 12th, 709 ' 7U ' 
1790. 

"And that he lay before the Senate an account, exhibiting the 
probable surplus, and unappropriated revenue of the year 1792, 
stating, as far as possible, the dates and the sums." 

The secretary made his report on the 18th, in reply to this re- 
quisition. Various calls were also made, from time to time, on 



HISTORY OF CONGRESS. 677 



Chap. VII. Public Debt— Calls for Information. 1793 



2d congress, the secretary of the treasury, for information concerning the 

2d Sess ion. * •" ? 

sinking fund, and several reports were communicated by him to 

Congress, connected with that subject. 

On the gist of January, it was moved that the Senate come to s. Journal, 
the following order: — p. 473. 

Call on " Ordered — That the trustees of the sinking fund lay before 
sinfin? ^ e Senate an account of the funds under their direction, stating 
fund. specially the reasons of their proceedings, the surpluses now on 

hand, and where deposited." 

This motion was considered on the 23d, when the words "spe- id. p. 474. 
cially the reasons of their proceedings" were stricken out; and, 
after an unsuccessful motion to amend the order, by adding "to- 
gether with the journal of their proceedings in the execution of 
their trust," it was agreed to in the original form. 

The following motion was also submitted to the Senate, on the id. p. 473. 
21st of January: — 

" Ordered — That the secretary of the treasury lay before the 
Senate a general account, exhibiting the amount of all the public 
funds and moneys, (loans included,) up to the end of last year, 
and what remains of each appropriation, either in cash, bonds, 
certificates, or other securities, and stating where the balances 
are deposited. 

" That he also lay before the Senate a copy of the powers un- 
der which he negotiated the loans made under the laws of the 
4th and 12th of August, 1790, and the original communications 
from the public commissioners in Holland, stating the difficulties 
of making separate loans under the said acts, as mentioned in his 
letter of January, 1793. 

" That he particularly state the amount which has been drawn 
into the United States, of the moneys borrowed in Europe, un- 
der the acts of the 4th and 12th of August, 1790; the purposes 
for which drawn; how any part thereof hath been applied; with 
the balance now on hand, and where deposited." 

This motion was considered on the 23d, when the first para- id. p. 474. 
graph was amended by adding, at the end, these words, " as far 
as the same can at present be done;" and the second paragraph 
being withdrawn, the motion was agreed to in the amended 
form. 

Reports, in obedience to this requisition, were submitted by id. p. 480. 
the secretary of the treasury to the Senate, on the 6th, 14th, and 486, 489 ' 
18th of February. 



678 HISTORY OF CONGRESS. 



Chap. VII. Public Debt— Depreciation of Continental Money, &c. 1791 — 93. 



2d congress. On the 23d of December, 1791, there was presented to the H. Journal. 

1st Session. * . ftft ' 

~ House of Representatives a memorial and petition of sundry P-* ou - 
from™"?- merchants of Charleston, South Carolina, engaged in commerce, 
chants of previously to the late revolution, stating the peculiar hardships 
under which they labour, from the twofold causes of the operation 
of the fourth article of the definitive treaty of peace, and of so 
much of the act of Congress for funding the public debt, as re- 
deems the old continental money, at the rate of one hundred dol- 
lars thereof for one dollar specie; the former requiring them to 
pay their British debts in sterling money, with full interest to 
the present time; and the latter, depriving them of all hope of 
indemnity, from the effects of depreciation and tender laws to 
which they were exposed during the war, and praying relief. 
This memorial was, on the 15th of February following, commit- id. p. 509. 
ted to a committee of the whole house on the state of the Union. 
2d Session. Here the subject rested until the next session. In the mean 
time, many petitions of similar import, or nearly so, having re- 
ference to the depreciation on the certificates of debt given to 
them, were presented from the officers and soldiers of the lines 
of New Hampshire, Massachusetts, New York, Pennsylvania, 
Delaware, and Maryland, which were referred to a committee of 
the whole house; and, on the 15th of January, 1793, it was moved id. p. 672. 
to refer the memorial of the Charleston merchants to the same 
committee. The previous question being called for, viz: " Shall 
the main question, to agree to the said motion, be now put?" 
it was decided in the affirmative, by the following vote: — 

Ayes — Messrs. Ames, Barnwell, Boudinot, S. Bourne, B. Bourne, 
Clarke, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Greenup, 
Heister, Kitchell, Learned, Leonard, Livermore, Niles, Sedgwick, 
Jere. Smith* I. Smith, Wm. Smith, Steele, Sterrett, Sturges, 
Sumpter, Thatcher, Tucker, White, Williamson. — 30. 

Noes — Messrs. Ashe, Baldwin, Benson, Dayton, Giles, Gregg, 
Grove, Hartley, Hillhouse, Jacobs, Lee, Macon, Madison, Mer- 
cer, Muhlenberg, Murray, Orr, Page, Parker, Silvester, Tred- 
well, Venable, Ward, Willis.— 24. 

The question was then taken on agreeing to the motion, and h. Journal, 
was decided in the negative, as follows: — p. 672,673. 

Ayes — Messrs. Ames, Barnwell, Boudinot, S. Bourne, B. Bourne, 
Clarke, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Kitchell, 
Learned, Leonard, Livermore, Jere. Smith, I. Smith, Wm. 
Smith, Sterrett, Sturges, Sumpter, Thatcher, Tucker, White. 
—24. 

Noes — Messrs. Ashe, Baldwin, Benson, Dayton, Giles, Green- 



HISTORY OF CONGRESS. 679 



CHAP. VII. Public Debt— Depreciation of Continental Money, &c. 1793. 



2d congress, up, Gregg, Grove, Hartley, Heister, Hillhouse, Jacobs, Lee, Ma- 

con, Madison, Mercer, Muhlenberg, Murray, Niles, Orr, Page, 

Parker, Sedgwick, Silvester, Steele, Tredwell, Venable, Ward, 
Williamson, Willis.— 30. 

The motion was therefore negatived, and the House went into H. Journal, 
committee of the whole on the memorials of the officers and sol- V- 671 - 673 - 
diers described, as it had done on the previous day. On the 16th, 
this committee reported a resolution, which being amended to 
read as follows: — 
Memorial " Resolved — That it is the opinion of this committee, that the 
and°sol- erS P ra y er °f the memorials of the officers and soldiers of several of 
diers, com- the lines of the late army of the United States, ought not to be 

plaining of ,,„ 

deprecia- granted. 

certificates 1° ^ s f° rm > the resolution was agreed to, as follows : — 
ofdebt,not j^ es — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, id. p. 673, 
B. Bourne, Clarke, Findley, Fitzsimons, Gilman, Goodhue, Gor- 674> 
don, Gregg, Grove, Heister, Hillhouse, Jacobs, Key, Kitchell, 
Kittera, Lawrance, Learned, Lee, Leonard, Livermore, Macon, 
Moore, Muhlenberg, Orr, Sedgwick, Silvester, Jere. Smith, Wm. 
Smith, Steele, Sterrett, Sturges, Sumpter, Thatcher, Tucker, 
Venable, Wadsworth, White, Williamson. — 43. 

Noes — Messrs. Ashe, Baldwin, Gerry, Giles, Greenup, Hartley, 
Madison, Mercer, Page, Tredwell. — 10. 



680 HISTORY OF CONGRESS. 



Chap. VIII. Appropriations. 1789. 



1st Congress. 
1st Session. 



CHAPTER VIII. 

Estimates called for, for the Year 1789 — Bill making Appropriations for the Year 
— Bill making Appropriations for the Service of 1790-1791-1792 — Resolutions 
as to Appropriations for the Year 1793. — Bill passed. 



Call on se- On the 17th of September, 1789, the House of Representa- H. Journal, 

cretary of tj ves n motion, adopted the following order : — p ' 113, 

treasury ■•'•"? 

for esti- ti Q r( ^ ere ^ — That the secretary of the treasury do report to 

this House, an estimate of the sums requisite to be appropriated 
during the present session of Congress towards defraying the ex- 
penses of the civil list, and of the department of war, to the end 
of the present year ; and for satisfying such warrants as have 
been drawn by the late board of treasury, and which may not 
heretofore have been paid. " 

Report re- On the 21st, the speaker laid before the House a report and id. p. 115. 

ferred. estimates made by the secretary, pursuant to the above order, 
which were referred to Messrs. Wadsworth, Smith, of Maryland, 
and Smith, of South Carolina. And, on the 21st, Mr. Wads- Id. p. 116. 

[H. B. 32.] worth, from this committee, presented a bill making appropria- 
tions for the service of the present year, which was then read 
the first and second time, and committed to a committee of the 
whole house. The bill was considered in committee on the 23d, Id. p. 119. 
and was reported with an amendment, which was agreed to by 
the House, and the bill was then ordered to be engrossed. On 
the resumption of the bill on the following day, it was recommit- 
ted to a committee of the whole house, and was again considered, 
and reported with an amendment, which was agreed to, on the id. p. 120. 

Bill passed 25th, when the bill was read the third time and passed. In the 

by House. Senate, the bill received the first and second reading on the 25th id. p. 122, 
and 26th, and was committed to Messrs. Read, Butler, King, 123# 
Ellsworth, and Morris. On the 28th, Mr. Read reported amend- S. Journal, 

QO QQ 

ments, which were then agreed to, and the bill was read the gj ' * 
Passed by third time, and passed as amended. The House of Representa- H# j ourna i f 
Senate. ^ ves immediately considered, and concurred in the amendments P- 12 ?. 
of the Senate. 

'id session. The House of Representatives, on the 29th of January, 1790, 1790. 

ordered the appointment of a committee, consisting of Messrs. H. journal, 

p. 150. 



HISTORY OF CONGRESS. 681 



CaAP.VIlI. Appropriations. 1790. 



lstconjrress. Livermore, Silvester, and Lee, " to prepare and bring in a bill, 

2d Session. t # p 1 

; or bills, to appropriate such a sum or sums of money as may be 
to°prepare necessary for the payment of the civil list, with the incidental 
appropria- charges thereof for the present year." 

On the 2d of March, the speaker laid before the House a re- h. Journal, 
secretary port ana< estimate from the secretary of the treasury of extraor- P- 166# 
oftreasury. dinaries for the services of the current year, which were referred 

to the above committee ; and on the 8th, Mr. Livermore present- id. p. 169. 
[H. B, 47] ed a bill making appropriations for the support of government, 171 - 
which was then read the first time, and which, on the following 
day, received the second reading, and was committed to a com- 
mittee of the whole house. The bill was considered in commit- 
tee on the 15th, when various amendments were reported, which 
Bill passed were agreed to by the House, and the bill was ordered to the id. p. 174, 
by House, third reading, which it received on the next day. 175 ' 

In the Senate, the bill was read the first time, on the 16th, S. Journal, 
and, on the 18th, it received the second reading, and wa's com- P- 120 - 122 - 
mitted to Messrs. Few, Johnston, Butler, Izard, and Langdon. 
Bill passed And, on the 22d, the bill was reported with amendments, after id. p . 123. 
by Senate. ^ e adoption of which, it was read the third time, and passed. 

The House of Representatives, on the 23d, amended the amend- h. Journal, 
ments of the Senate, by introducing the following : " To Gifiord P* * 79, . 
Dally, door-keeper to the House of Representatives, 192 dollars," p. 123. 
as an addition to the following clause, introduced by the Senate, 
"To James Mathers, door-keeper to the Senate, 96 dollars.'* 
The Senate, on the same day, resolved not to agree to the 
amendment of the House, but to insist on their own amendment, h. Journal, 
And, on the 24th, the House receded from their amendment. P* 181 - 

3d session. The speaker laid before the House of Representatives, on the 1791] 
6th of January, 1791, a statement from the secretary of the h. Journal 
treasury, of the further appropriations of money necessary for p-350. 
the support of civil government, for the current year. On the 
26th, Messrs. Lawrance, Clymer, and Boudinot, were appointed id. p. 364. 
[H.B.120.] a committee, to prepare and bring in a bill, or bills, making ap- 
propriations for the service of the current year. Mr. Lawrance, 
on the 31st, presented a bill, making appropriations for the sup- id. p. 367. 
port of government during the year 1791, and for other pur- 
poses ;" which was then read the first time, and, on the next 
day, received the second reading, and was ordered to be en- 
Bill passed, grossed and read the third time. The bill was passed by the 

House on the 2d, and sent to the Senate for concurrence, where s. Journal 
it was read the first and second time, on the 2d and 3d, and was P* 238 - 
Vol. I.— 86 



682 HISTORY OF CONGRESS. 

Chap. VIII. Appropriations— Bill for 1792. 1791. 

1st congress, committed to Messrs. Dalton, Carroll, and Bassett. Mr. Dalton 

— '■ — reported amendments on the 5th, which were disagreed to by s. Journal, 

the Senate on the 7th, and the bill was ordered to the third P* 239 * 
Billpassed. reading. On the following day, the bill was passed. 



2d congress. On the 7th of November, the speaker laid before the House h. Journal, 

~ a report from the secretary of the treasury, of certain estimates P- 449 - 

of sums necessary to be appropriated for certain objects therein 
specified, including the service of the year 1792, which was re- 
ferred to Messrs. Lawrance, Baldwin, and Ashe, with instruction 
to prepare and report a bill. Mr. Lawrance, on the 22d, pre- id. p. 458. 

[H.B.149.] sented a bill, making appropriations for the support of govern- 
ment for the year 1792, which was then read the first and se- 
cond time, and committed to a committee of the whole house. 
The bill was considered in committee of the whole on the 5th of Id. p. 468. 
December, when several amendments were reported, and agreed 
to by the House, after which the bill was recommitted to the 
original committee : and, on the next day, Mr. Lawrance report- id. p. 469. 

[H.B.156.] ed from this committee an amendatory bill. This bill was read 

the first and second time, on the 7th, and received the third Id. p. 470. 
reading, and was passed, on the day following. The bill, as it s. journal, 
was sent to the Senate, is as follows : — P* ° 51 

Appropria- " Section 1. Be it enacted, by the Senate and House of Represent- 
tion bill. atives of the United States of America, in Congress assembled — That, 
for the service of the year one thousand seven hundred and nine- 
ty-two, and the support of the civil list of the United States, in- 
eluding the incidental and contingent expenses of the several de- 
partments and offices thereof, there shall be appropriated a sum 
of money, not exceeding three hundred and twenty-eight thou- 
sand six hundred and fifty-three dollars, and fifty-six cents; that 
is to say : — 

"For the compensations granted bylaw to the President of 
the United States, the Vice-President, chief justice, associate 
judges, and attorney general, fifty-three thousand dollars. 

" For the like compensations to the district judges, nineteen 
thousand eight hundred dollars. 

" For the like compensations to the members of the Senate 
and House of Representatives, and the officers and attendants of 
the two houses, estimated on a session of six months' continu- 
ance, and including the travelling expenses of the members, one 
hundred and twenty-nine thousand, seven hundred and thirty 
dollars. 



HISTORY OF CONGRESS. 683 



CHIP.VTIT. Appropriations-Bill for 1792. 1791. 



od congress. <( For the like compensations to the secretary and officers of s. Journal, 

1st Session. ■ * # ne-n 

~ the several departments of the treasury of the United States, in- p * Ja<5 * 
tiorfKu!™" eluding clerks and attendants, and the salaries of the respective 
loan officers, sixty thousand three hundred dollars. 

" For the like compensations to the secretary and officers of 
the department of state, six thousand three hundred dollars. 

" For the like compensations to the secretary and officers of 
the department of war, nine thousand six hundred dollars. 

" For the like compensations to the members of the board of 
commissioners, for the settlement of the accounts between the 
United States and the individual states, including clerks and at- 
tendants, thirteen thousand one hundred dollars. 

" For the like compensations to the governors, judges, and 
other officers of the western territory of the United States, in- 
cluding contingencies, eleven thousand dollars. 

"For the payment of the annual grant to Baron Steuben, pur- 
suant to an act of Congress, two thousand five hundred dollars. 

" For the payment of sundry pensions granted by the late go- 
vernment, two thousand seven hundred and sixty-seven dollars 
and seventy-three cents. 

" For defraying all other incidental and contingent expenses 
of the civil list establishment, including firewood, stationary, 
together with the printing work, and all other contingent ex- 
penses of the two houses of Congress, rent and office expenses 
of the three several departments; namely: treasury, state, war, 
and of the general board of commissioners, twenty thousand five 
hundred and fifty-five dollars and eighty-three cents. 

Sect. 2. Jlnd be it further enacted — That, for discharging 
certain liquidated claims upon the United States, for making 
good deficiencies in former appropriations for the support of the 
civil list establishment, and for aiding the fund appropriated 
for the payment of certain officers of the courts, jurors, and 
witnesses, and for the establishment of ten cutters, there 
shall be appropriated a sum of money not exceeding one hun- 
dred and ninety-seven thousand one hundred and nineteen dol- 
lars and forty-nine cents; that is to say, 

" For discharging a balance due on a liquidated claim of 
His Most Christian Majesty against the United States, for sup- 
plies during the late war, nine thousand and twenty dollars and 
sixty-eight cents. 

" For payment of the principal and interest on a liquidated 
claim of Oliver Pollock, late commercial agent of the United 
States, at New Orleans, for supplies of clothing, arms, and mili- 



684 HISTORY OF CONGRESS. 



CHAP. VIII. Appropriations— Bill for 1792. 1791. 



2d congress, tary stores, during the late war, one hundred and eight thousand 

1st Session. ,,,»■■ 

six hundred and five dollars and two cents, 
tion bm m " " ^ or making good deficiencies in the last appropriations for 
the compensations to sundry officers of the civil list establish- 
ment, five thousand four hundred and seventy-one dollars. 

"For defraying sundry authorized expenses to the commis- 
sioners of loans in the several states, twenty-one thousand dol- 
lars. 

"For defraying a balance of certain liquidated and contingent 
expenses in the treasury department, two thousand eight hun- 
dred dollars. 

" For defraying the additional expense of the enumeration of 
the inhabitants of the United States, nineteen thousand seven 
hundred and seventy-two dollars, and seventy-nine cents. 

" For making good a deficiency in former appropriations to 
discharge the expenses of clerks, jurors, and witnesses, in the 
courts of the United States, five thousand dollars. 

" For the maintenance and repair of light-houses, beacons, 
piers, stakes, and buoys, sixteen thousand dollars. 

"For the expense of keeping prisoners committed under the 
authority of the United States, four thousand dollars. 

" For the expense of clerks and books in arranging the pub- 
lic securities, two thousand four hundred and fifty dollars. 

" For the purchase of hydrometers for the use of the officers g. journal, 
in the execution of the laws of the revenue, one thousand dol- P-353. 
lars. 

" For the further expense of building and equipping ten cut- 
ters, two thousand dollars. 

" Sect. 3. Jind be it further enacted — That, for the support 
of the military establishment of the United States, in the year 
one thousand seven hundred and ninety-two, the payment of the 
annual allowances to the invalid pensioners of the United States, 
for defraying all expenses incident to the Indian department, and 
for defraying the expenses incurred in the defensive protection 
of the frontiers against the Indians, during the years one thousand 
seven hundred and ninety, and one thousand seven hundred and 
ninety-one, by virtue of the authority vested in the President of 
the United States, by the acts relative to the military establish- 
ment, (passed the twenty-ninth of September, one thousand se- 
ven hundred and eighty-nine, and the thirtieth of April, one 
thousand seven hundred and ninety,) and for which no appro- 
priations have been made, there shall be appropriated a sum of 
money not exceeding five hundred and thirty-two thousand four 



HISTORY OF CONGRESS. 685 



Appropriations— Bill for 1792. 1791. 



2d congress, hundred and forty-nine dollars seventy-six eents, and two-thirds 

let Session. 

of a cent; that is to say: — 

£PP£?P ria * « For the pay of the troops, one hundred and two thousand six 
hundred and eighty-six dollars. 

" For subsistence, one hundred and nineteen thousand six hun- 
dred and eighty-eight dollars and ninety-seven cents. 
" For clothing, forty-eight thousand dollars. 
"For forage, four thousand one hundred and fifty-two dollars. 
"For the hospital department, six thousand dollars, 
"For the quarter-master's department, fifty thousand dollars. 
"For the ordnance department, seven thousand two hundred 
and four dollars and sixty-four cents. 

" For the contingent expenses of the war department, in- 
cluding maps, hire of expresses, allowances to officers for extra 
expenses, printing, loss of stores of all kinds, advertising and ap- 
prehending deserters, twenty thousand dollars. 

"For the discharge of certain sums due for pay and subsist- 
ence of sundry officers of the late army, and for pay of the late 
Maryland line, for which no appropriations have been made, 
ten thousand four hundred and ninety dollars and thirty-six 
cents. 

"For the payment of the annual allowances to invalid pen- 
sioners, eighty-seven thousand four hundred and sixty-three dol- 
lars, sixty cents, and two-thirds of a cent. ' 

" For defraying all expenses incident to the Indian department, 
authorized by law, thirty-nine thousand four hundred and twenty- 
four dollars and seventy-one cents. 

" For defraying the expenses incurred in the defensive pro- 
tection of the frontiers, as before recited, thirty-seven thousand 
three hundred and thirty-nine dollars and forty-eight cents. 

" Sect. 4. *flnd be it further enacted — That the several ap- 
propriations hereinbefore made,shall be paid and discharged out of 
the funds following; namely: First, out of the sum of six hundred 
thousand dollars, which, by the act, entitled < An act making pro- 
vision for the debt of the United States/ is reserved yearly for the 
support of the government of the United States,and their common 
defence; and, secondly, out of such surplus as shall have accrued 
to the end of the present year, upon the revenues heretofore es- 
tablished, over and above the sums necessary for the payment of 
interest on the public debt, during the same year, and for satis- 
fying other prior appropriations." 

In the Senate, this bill received the first reading on the 8th of g # journal, 
December, and, on the next day, was read the second time, and p.354,355. 



686 HISTORY OF CONGRESS. 



ChAP.VHL Appropriations— Estimates for 1793. 1791. 



2d congress, referred to Messrs. Monroe, Sherman, Burr, Gunn, and Read. 

1st Session. 

~~ Mr. Monroe, on the 13th, reported amendments which were 
ti<FrTbM. m " agreed to, and the bill was ordered to the third reading. The 

bill was further considered on the 14th, 15th, and 16th, and fur- s. Journal, 
ther amended; and, on the 19th, it was read the third time and P« 356 >357. 
Billpassed. passed, with the following amendments: — 

Amend- "Sect. 1, line 6. Expunge ' eight,' and insert 'nine.' 
Senate. by " ^ame sec ^ on f ^ ne 39 - After < twenty,' insert * one.' 

" At the end of the section, insert, 

" JLnd be it further enacted — That the compensation to the 
door-keepers of the two houses, for services which have been 
heretofore rendered, or may be rendered in the recess of Con- 
gress, for the year one thousand seven hundred and ninety-two, 
and certified by the President of the Senate, or speaker of the 
House of Representatives, in manner required by law, for like 
services during sessions, shall be discharged out of the money 
hereinbefore appropriated for the contingent expenses of the two 
houses of Congress." 

"Sect. 2, line 14. After < cents,' insert < provided that the 
said moneys be not paid to the said Oliver Pollock, without the 
consent of the agents of the court of Spain.' " 

House con- These amendments being sent to the House, were concurred H. Journal, 
cur * in by that branch on the following day. P- 478 ' 

2d session. The customary report of the secretary of the treasury, with 1792. 
Estimates estimates of the appropriations required for the service of the 

' year 1793, was laid before the House of Representatives on the h. Journal, 
14th of November, 1792; and, on the 22d, was committed to a P« 620.625. 
committee of the whole house. The estimates were the subject 
of consideration in committee of the whole on the 29th and 30th id. p. 630, 
of November, and on the 3d, 12th, and 13th of December, when 631 * 
the following resolutions were reported, and agreed to by the 533 P 
House: — 
Resolu- " Resolved — That, for defraying the expenditure of the civil 

House. ^ 1S ^ °^ * ne United States, for the year one thousand seven hun- 
dred and ninety-three, together with the incidental and contin- 
gent expenses of the several departments and offices thereof, 
there be appropriated the several sums of money following; to 
wit: — 

" For compensation to the President of the United 

States, .---. §25,000 

"That of the Vice-President, - - - 5,000 

ii Compensation to the chief justice, - - 4,000 



HISTORY OF CONGRESS. 



687 



oiAF.vni. 



2d Congress. 
2d Session. 



Apppropriations— Estimates for 1793. 



1792. 



"Compensation 


to five associate judges, at S3, 500 per 




annum, each, - 


_ 


17,500 


"Ditto 


of the 


judges of the following districts; 




namely: 








"Maine, 


- 


$1,000 


Pennsylvania, 


1,600 


"New Hampshire, 




1,000 


Delaware, 


800 


" Vermont, 


- 


800 


Maryland, 


1,500 


"Massachusetts, 


- 


1,200 


Virginia, 


1,800 


"Rhode Island 


- 


800 


Kentucky, 


1,000 


"Connecticut, 


- 


1,000 


North Carolina, 


1,500 


"New York, 


- 


1,500 


South Carolina, 


1,800 


"New Jersey, 


- 


1,000 


Georgia, 


1,500 



"Attorney General, 1,900. 

" Members of the Senate and House of Representatives, and 
their Officers. 

" To the speaker of the House of Repre- 
sentatives, for his compensation to the 
3d March, 1793, 119 days, at twelve 
dollars per day, - $1,428 

" Also, for compensation to the speaker of 
the 3d Congress, for the residuary time, 
so as to estimate for 6 months' attend- 
ance in one year, at 12 dollars per day, 



762 



" To 98 members, to 3d March, 1793, 119 

days, at 6 dollars per day, - - 69,97£ 

"For compensation to 134 members of the 
3d Congress, for the residuary time, so 
as to estimate for 6 months' attendance 
in one year, at 6 dollars, per day, each, 42,744 



2,190 



" Travelling expenses to and from the seat 

of government, - - - $20,000 

"To the secretary of the Senate, one year's 
salary, - 1,500 

"Additional allowance estimated for 

six months, at two dollars per day, 365 



112,716 



"Principal clerk to the secretary of the Se- 
nate, for same time, at three dollars per 
day, - 

"Engrossing clerk to do., estimated do., 
at two dollars do., - 

"Chaplain to the Senate, estimated for same 
time, at five hundred dollars per annum, 



1,865 



547 50 



H. Journal, 
p. 639. 



365 



250 



688 HISTORY OF CONGRESS. 



CHAP. VIII. Appropriations— Estimates for 1793. 1792. 



2d congress. "Door-keeper to the Senate, one year's sala- 

2d Session. r J 

ry, - 500 

Resolu- u Assistant door-keeper to do. do., - 450 

House. "Clerk of the House of Representa- 
tives, for one year's salary, 1,500 
" Additional allowance, estimated for 

6 months, at two dollars per day,. 365 



1,865 



" Principal clerk in the office of the clerk of 
the House of Representatives, esti- 
mated for 6 months, at three dollars per 
day,, 547 50 

"Engrossing clerk, estimated for same time, 

at 2 dollars per day, - - 365 

" Chaplain to the House of Representatives, 
estimated for 6 months, at 500 dollars 
per annum, - 250 

" Sergeant-at-arms for same time, at 4 dol- 
lars per day, - - - 730 

"Door-keeper of the House of Representa- 
tives, estimated one year's salary, - 500 

"Assistant door-keeper for do., one year's 

salary, - - - - 451 



TREASURY DEPARTMENT". 

" Secretary of the treasury, - - 3,500 

"Two principal clerks, at 800 dollars each 1,600 

" Six clerks, at 500 dollars each, - 3,000 

" Messenger and office keeper, - 250 



" Comptroller of the treasury, - 2,400 

"Principal clerk, - - 800 

"Twelve clerks, at 500 dollars each, 6,000 

"Messenger and office keeper, - 250 



"Treasurer, - 2,400 

"Principal clerk, - - 600 

" Two clerks, at 500 dollars each, 1,000 

" Messenger and office keeper, 100 



" Commissioner of the revenue, - 1,900 
" Three clerks in the business of the 

revenue, &c, - - 1,500 

" One do. in the business of the light- 



8,350 



9,450 



4,100 



143,591 



HISTORY OF CONGRESS. 



Appropriations— Estimates for 1793. 



689 
1792. 



houses, beacons, buoys, public 
piers, and stakeage, - - 500 

i( Messenger and office keeper, 200 

" Auditor of the treasury, - 1,900 

" Principal clerk, - - 800 

" Fifteen clerks, at 500 dollars each, 7,500 

" Messenger and office keeper, - 250 

44 Register of the treasury, - 1,750 

" Three clerks on the impost, tonnage, 

and excise accounts, - 1,500 

"Two clerks on the books and ac- 
counts relative to the exports, 1,000 

"Two clerks on the books of receipts 
and expenditures of public mo- 
neys, at 500 dollars, - 1,000 

"One do. for recording ships' regis- 
ters and licenses, - - 500 

" Three do. for drawing out, check- 
ing, issuing and taking receipts 
for certificates of the domestic 
and assumed debts, - - 1,500 

•' Four do. on the books of the general 
and particular loan offices, com- 
prehending the interest accounts 
and unclaimed dividends at the 
several loan offices, - 2,000 

" Seven do. on the books and records 
which relate to the public credi- 
tors on the several descriptions of 
stock and transfer, - - 3,500 

" Four do. on the books and records 
of the registered debt, including 
the payment of its interest, 2,000 

" Two do. to complete the arrange- 
ment of the public securities, in 
books prepared for their recep- 
tion in numerical order, - 1,000 

" Two do. on the books of the late 

government, - - - 1,000 

" One transcribing do. - - 500 

" Two office-keepers incident to the 
several offices of the register, at 
175 dollars, - - 350 



4,100 



10,450 



H. Journal* 
p. 640, 



Vol. L— 87 



17,600 



690 



HISTORY OF CONGRESS. 



Chap. VIII. 



2d Congress. 
2d Session. 

Resolu- 
tions of 
House. 



Appropriations— Estimates for 1793. 



1792. 



1,000 



44 Two clerks, appointed to count and 
examine the old and new emis- 
sions of continental money and 
indents, at 500 hundred dollars, 
each, - 

" Department of State. 
44 The secretary of state, - - 3,500 

" One chief clerk, - - 800 

" Three clerks, at 500 dollars each, 1,500 
44 Clerk for foreign languages, - 250 

" Messenger and office keeper, - 250 



55,050 



6,300 



7,050 



4,200 



61 Department of War. 
44 Secretary of the department, - 3,000 
" Principal clerk, - - 800 

" Six clerks, at 500 dollars each, - 3,000 
" Messenger and office keeper, - 250 

44 Accountant to the war department, 1,200 

44 Six clerks, (one on the principal 
books, two on the accounts of the 
late army, two on the accounts 
of the present army, and one on 
the principal books of the late 
pay-master general and commis- 
sioner of army accounts) at 500 
dollars each, - 3,000 

" Board of Commissioners for the 
Settlement of the Accounts 
between the United States 
and the individual States. 
44 Three commissioners, at 2,250 dol- 
lars each, ... 3,375 
44 One chief clerk, at 800 dollars, 400 

" Eleven do. at 500 dollars each, - 2,750 
44 Messenger and office keeper, - 125 

44 Loan Officers. 

44 For New Hampshire, - 650 

44 Massachusetts, - 1,500 

44 Rhode Island, 600 

44 Connecticut, - - - 1,000 

44 New York, - - - 1,500 

44 New Jersey, - - - 700 



11,250 



6,650 



HISTORY OF CONGRESS. 



691 



Appropriations— Estimates for 1793. 



1792. 



•' Pennsylvania, 
" Delaware, 
M Maryland, 
M Virginia, 
" North Carolina, 
" South Carolina, 
a Georgia, 



1,500 
600 
1,000 
1,500 
1,000 
1,000 
700 



" Government of the Western Territory. 
" District north-west of the river Ohio, Go- 
vernor, for his salary as such, and for 
discharging the duties of superintendent 
of Indian affairs, northern department, 2,000 
" The secretary of said district - - 750 

" For stationary, office rent, and printing 

patents for land, &c. - 350 

" The. three judges, at 800 dollars each - 2,400 
"District south-west of the river Ohio, go- 
vernor, for his salary as such, and for 
discharging the duties of superintend- 
ent of Indian affairs, southern depart- 
ment, - - - - 2,000 
" Secretary of said district, - - 750 
"Stationary, office rent, &c. &c. - 350 
"Three judges, at 800 dollars, - 2,400 



"Isaac Van Wert, 
"John Paulding, 
"David Williams, 



" Pensions granted by the late Government : — 
a pension of 200 dollars 
per annum, pursuant to 
an act of Congress, of 
_ 3d November, 1780, 600 

"Dominique L'Eglize, per act of Congress 

of 8th August, 1782, - - 120 

" Joseph Traversie, per do. - - 120 

ki Youngest son of General Mercer, per act 

8th April, 1782, ... 400 

"Youngest children of the late Major Ge- 
neral Warren, per act 1st July, 1780, 



" James M'Kensie, 
" Joseph Brussels, 
"John Jordan, 



per act of 10th Septem- 
ber, 1783, entitled to a 
pension of 40 dollars 
each, per annum, 
"Elizabeth Bergen, per act of 21st August, 

1781, .... 

"Joseph De Beauleau, per act of 5th Au- 
gust, 1782, - - - 



450 



120 



53 



100 



13,250 



H. Journal, 
p. 641. 



11,000 



692 



HISTORY OF CONGRESS. 



Chap. Mil. 



Appropriations — Estimates for 1793. 



1792. 



Sd Congress. 
Sd Session. 



Resolu- 
tions of 
House. 



"Richard Gridley, per acts of 17th Novem- 
ber, 1775, and 26th February, 1781, 444 40 

"Lieutenant Colonel Tousard, per act 27th 

October, 1788, S60 



§2,767 73 



"His annual allowance by act of Congress, 



" Grant to Baron Steuben. 

g2,500 

"FOR INCIDENTAL AND CONTINGENT 
EXPENSES RELATIVE TO THE CrVTL 
LIST ESTABLISHMENT. 

"Under this head are comprehended fire- 
wood, stationary, together with printing 
work, and all other contingent expenses 
of the two houses of Congress, rent, and 
office expenses of the three several de- 
partments; namely: treasury, state, and 
war, and of the general board of commis- 
sioners, 

" Secretary of the Senate, his esti- 
mate, - - - gS,000 

"Clerk of the House of Representa- 
tives, his do. to 3d March, 1793, 4,152 

" Provision ary for the 3d Congress, 2,400 



u Treasury Department. 

" Secretary of the treasury, per estimate, 

" Comptroller of the treasury, per do. 

"Treasurer, per do. 

" Commissioner of the revenue, per do. 

" Auditor of the treasury, per do. 

" Register of the treasury, (including books 
for public stocks,) per do. 

"Rent of the treasury, - 

" Do. of a house taken for a part of the office 
of the register, - 

" Do. of a house for the office of the com- 
missioner of the revenue, and for part 
of the office of the comptroller, and part 
of the office of the register, - 

" Do. of a house for the office of the auditor, 
and a small store for public papers, - 

"Wood for the department, (treasurer's ex- 
cepted,) candles, &c. 



9,552 



S500 
600 
450 
300 
600 

2,000 
650 

200 



266 66 



373 33 



1,200 



12,052 



7,139 99 



HISTORY OF CONGRESS. 



G93 



Appropriations— Estimates for 1793. 



1792. 



"Department of State. 

"Including the expense attending the collection of the 
laws of the several states; for publishing the laws of 
the second session of the second Congress of the 
United States, and printing an edition of the same, 
to be distributed agreeably to law; for the collection 
of newspapers from the different states, and gazettes 
from abroad, - - - - - 1,851 67 

"Department of War. 

" Secretary of war, per estimate, - - 600 

" Accountant to the war department, - 300 



H. Journal, 
p. 642. 



General board of commissioners, per estimate, 



900 
814 

$345,816 39 



" Resolved— That, for making good deficiencies for the sup- 
port of the civil list establishment, for aiding the fund appro- 
priated for the payment of certain officers of the courts, jurors, 
and witnesses, for the support of light-houses, and for the esta- 
blishment of ten cutters, and for other purposes, there be appro- 
priated the several sums of money following; to wit: — 

' For the Salaries of Certain Officers, by an *ftct making Al- 
terations in the Treasury and War Departments. 

44 Salary of the commissioner of the revenue, 
from the 8th May, 1792, to 31st Decem- 
ber following, at 1900 dollars per ann. % 1,238 93 

"Salary of three clerks in the business of 
the revenue, same time, at 500 dollars 
per annum, each, - - - 

" Do. one do. in the business of the light- 
houses, beacons, buoys, public piers, 
and stakeage, at 500 dollars per annum, 
for same time, - 

" Do. messenger, at 200 dollars /)er annum, 
for do., - 

44 Contingent expenses for procuring desks, 
and other furniture, stationary, &c, 

44 Salary of the accountant to the war depart- 
ment, from 8th May to 31st December 
following, at 1200 dollars per annum, 

44 Do. of his clerk, from 23d July to do., at 
500 dollars, 

44 Contingent expenses for his office, 



978 09 



326 03 



130 41 



200 



782 46 

220 10 

163 33 



694 



HISTORY OF CONGRESS. 



Chap. VIII. 



Appropriations— Estimates for 1793. 



1792. 



2d Congress. 
2d Session. 

Resolu- 
tions of 
House. 



"Salary of each of the two principal clerks 
to the secretary of the treasury, at 800 
dollars per annum, each, for the same 
period, - 1,043 28 

" Do. of a clerk to the treasurer, from the 
18th June to 31st December, 1792, at 
500 dollars per annum, - - 269 86 

" For the increased salary of the comptroller 
of the treasury, from 8th May, 1792, to 
31st December following, at 400 dollars 
per annum, - - - 260 82 

" For the increased salary of the auditor of 
the treasury, from the 8th May, 1792, 
to 31st December following, at 400 dol- 
lars per annum, - 260 82 

"Do. of the treasurer for same time, at 400 

dollars, - - - - 260 82 

" Do. of the register, for same time, at 500 

dollars, - - - - 326 03 

"Do. of the attorney general, for same time, 

at 400 dollars 260 82 

"Do. of the chief clerk in the department of 

war, same time, at 200 dollars, - 130 41 

" To make good Deficiencies for the Support of the 
Civil List; namely : — 

"To the clerk of the House of Representa- 
tives, for amount of his estimate, g302 

" And for the pay of Bernard Webb, 
his principal clerk, from 1st July, 
to the 1st October, 1792; 92 days, 
at 3 dollars per day, - 276 



6,852 21 



"For so much short, estimated for the con- 
tingent expenses of the office of the se- 
cretary of state, - 

" Do. for contingent expenses of the treasury 
department, the payments thereof, to the 
30th Sept. 1792, having exceeded the 
said appropriations by the sum of §1500 

" Estimated amount of expenses to 31st 

December, 1792, - - 900 



S578 



93 54 



2,400 



" For so much short appropriated for the of- 
fice of the register of the treasury, the 
estimate for 1792 having been for only 



H. Journal, 
p. 643. 



HISTORY OF CONGRESS. 



695 



Chjlp.VIII. 



2d Congress. 
3d Session. 



Resolu- 
tions of 
House. 



Appropriations— Estimates for 1793. 



1792. 



one office keeper, whereas, from the in- 
creased number of offices, and their be- 
ing kept in separate houses, two office 
keepers were required, and have been 
employed, at 175 dolls, each, g350 

; * Deduct appropriation for one, - 250 



100 



81 For the salaries of the door-keepers and assistant door- 
keepers to the Senate and House of Representatives, 
under the act for their compensation, passed the 12th 
April, 1792:— 

"For the salary of the door-keeper of the Senate, from 
the 9th May, 1792, to the 31st December following, 
at 500 dollars per annum, - - $324 65 

" For do., same time, for door-keeper of the 
House of Representatives, at 500 dolls. 
per annum, - 324 65 

" For do. to the assistant door-keeper to the 
Senate, for the same time, at 450 per an- 
num, - - - 292 19 

"For do. to the assistant door-keeper to the 
House of Representatives, for same time, 
at 450 dolls, per annum, - - 292 19 

"Commissioners of loans in the several states, for the 
salaries of their clerks and for stationary, under the 
act passed the 8th May, 1792: — 
" By their accounts, rendered to the 31st December, 
1791, an additional appropriation is requisite, 
of - - - - §1,650 

" From their accounts already rendered for 
the present year, the following sums are 
estimated for each office to 31st Decem- 
ber, 1792, the aggregate whereof is cal- 
culated sufficient to cover all demands 
to that period, namely: — 
" Wm. Gardner, New Hampshire, - 650 

" Nathaniel Appleton, Massachusetts, - 4,78152 
" Jabez Bowen, Rhode Island, - - 1,073 24 

" Wm. Imlay, Connecticut, - - 1,984 

"John Cochran, New York, - - 7,577 68 

" James E wing, New Jersey, - - 500 

" Thomas Smith, Pennsylvania, - 2,209 34 

" James Tilton, Delaware, - - 200 

" Thomas Harwood, Maryland, - - 1,013 70 



3,171 34 



1,233 6S 



696 



HISTORY OF CONGRESS. 



Chap. VIII. 



2d Congress. 
2d Session. 



Resolu- 
tions of 
House. 



Appropriations— Estimates for 1793. 



1792. 



" John Hopkins, Virginia, - - 3,714 56 
"Win. Skinner, North Carolina, - 844 44 
"John Neufville, South Carolina, - 1,500 
" Richard Wylley, Georgia, - - 364 80 
" To extend their allowance for said ex- 
penses, to 1st of March, 1793, in con- 
formity with said act, - - 4,666 67 

"Clerks of courts, jurors, witnesses, &c, the fund 
arising from fines, forfeitures, and penalties, having 
last year proved insufficient for the discharge of the 
accounts of clerks of courts, &c, to which they 
were appointed; a sum for the present year is esti- 
mated, in order to provide against a similar contin- 



32,729 95 



gency, 



of 



" For the maintenance and support of light-houses, bea- 
cons, buoys, public piers, and stakeage of channels, 
bars, and shoals; and for occasional improvements 
in the construction of the lanterns, and of the lamps 
and materials used therein, - 

" For the establishment of ten cutters, deficiency in the 
appropriation heretofore made for building and 
equipping ten cutters, - 

" For the purchase of hydrometers for the use of the of- 
ficers of the customs and inspectors of the revenue, 
for the year 1793, - - - $1,500 

"And to make good so much short, esti- 
mated for 1792, - - 610 10 



12,000 



20,000 



3,000 



" For the expenses towards the safe keeping and prose- 
cution of persons committed for offences against the 
United States, 

" For the payment of Robert Fenner, late agent for the 
North Carolina line, his commission of one per cent. 
on $16,905 38, paid to the officers of the said line, 
for their pay and subsistence, for the years 1782 and 
1783, - 

"For the discharge of such demands against the United 
States, not otherwise provided for, as shall have been 
ascertained and admitted, in due course of settle- 
ment at the treasury, and which are of a nature, 
according to the usage thereof, to require payment 
in specie, - 



2,110 10 



H. Journal, 
p. 644. 



4,000 



169 05 



5,000 



$90,266 33 



" Resolved — That, for defraying the expenses of the war de 



HISTORY OF CONGRESS. 



697 



Chap.VIIT. 



Appropriations— Estimates for 1793. 



1792. 



partment, for the year one thousand seven hundred and ninety- 
three, there be appropriated the following sums; namely: — 

«FOR THE PAY OF THE LEGION OF THE UNITED STATES. 

" General Staff. per month. 

" 1 major general, - - at $166 



11 4 brigadier generals, 

44 1 major commandant of artillery, - 

44 1 major of dragoons, 

44 1 quarter-master general, - 

44 1 pay-master, at head quarters, 

44 1 adjutant general, to do the duty as in- 
spector, - 

44 1 chaplain, - 

44 1 surgeon of the staff, 

44 1 deputy quarter-master, - 

" 2 aides-de-camp to the major general, in ad- 
dition to their pay in the line, 

44 4 do. one for each of the brigadiers, in ad- 
dition to their pay in the line, 

44 4 brigade majors, to act as deputy inspect- 
ors, in addition to their pay in the line, 

44 6 surgeons' mates for the hospitals for the 
western and southern frontiers, - 

44 1 principal artificer, 

44 1 second artificer, - 

" The first Sub-Legion* 

44 FIELD. 

44 3 majors, - 

44 STAFF. 
44 1 sub-legionary pay-master, 
44 1 sub-legionary quarter-master, 
44 3 battalion quarter-masters, 
4< 3 adjutants, - \ 

44 1 sub-legionary surgeon, 
44 3 battalion surgeons' mates* 
44 3 sergeant majors, 
44 3 quarter-master sergeants, 

" One Company of Artillery. 

" 1 captain, - 
" 2 lieutenants, 

" 4 sergeants, ... 

" 4 corporals, - 

** 10 artificers, - 

Vol. I.— 88 



104 
55 
55 

100 
60 

75 
50 
70 
50 

24 

24 

24 

30 
40 
26 



50 



PER TEAR* 

$1,992 

4,992 

660 

660 

1,200 

720 

900 
600 
840 
600 

576 

1,152 

1,152 

2,160 
480 
312 

1,800 



10 


$120 


8 


96 


8 


288 


10 


360 


45 


540 


30 


1,080 


7 


252 


7 


252 


4o 


480 


26 


624 


6 


288 


5 


240 


8 


960 



2,980 



698 
Chap. VIII. 



2d Congress. 
2d Session. 

Resolu- 
tions of 
House. 



HISTORY OF CONGRESS. 



Appropriations— Estimates for 1793. 



1792. 



" 40 privates, 
" 2 musicians, 

" One Troop of Horse. 
" 1 captain, 
" 1 lieutenant, 
" 1 cornet, - 
" 6 sergeants, 
" 6 corporals, 
" 1 farrier, - 
" 1 saddler, 
" 1 trumpeter, 
" 65 dragoons, 

" Eight Companies of Infantry. 
" 8 captains, 
" 8 lieutenants, 
" 8 ensigns, 
"48 sergeants, 
"48 corporals, 
" 1 senior musician, - 
"15 musicians, 
" 648 privates, 

" Four Companies of Riflemen. 
" 4 captains, 
" 4 lieutenants, 
"4 ensigns, 
" 24 sergeants, 
" 24 corporals, 
" 4 buglers, 
" 328 privates, 



PER MO. 


PER TEAR 


3 


SI, 440 


4 


96 


40 


480 


26 


312 


20 


240 


6 


432 


5 


360 


8 


96 


8 


96 


4 


48 


3 


2,340 


40 


3,840 


26 


2,496 


20 


1,920 


6 


3,456 


5 


2,880 


6 


72 


4 


720 


3 


23,328 


40 


1,920 


26 


1,248 


20 


960 


6 


1,728 


5 


1,440 


4 


192 


3 


11,808 



4,128 



H. Journal, 
p. 644. 



4,404 



38,712 



19,296 
$71,328 



"Amount of Pay of the Legion of the United States. 
" General staff, 
"The first sub-legion, 
"The second sub-legion, to the 
"The third sub-legion, do. 
" The fourth sub-legion, do. 



"SUBSISTENCE. 

"1 major general, 
"4 brigadier generals, 



- 


- 


818,996 


- 


- 


71,328 


same amount, 


- 


71,328 


do. 


- 


71,328 


do. 


- 


71,328 


RATIONS. 


RATIONS. 




at 15 per day, 


5,475 





12 do. 17,520 



HISTORY OF CONGRESS. 



699 



CaAP.Vm. 



2d Congress. 
2d Session. 

Resolu- 
tions of 
House. 



Appropriations— Estimates for 1793. 



1792. 





RATION! 


!. 


RATIONS. 


" 14 majors, 


4 


do. 


20,440 


11 1 adjutant, 


6 


do. 


2,190 


" 1 pay-master at head quarters, 


4 


do. 


1,460 


" 1 quarter-master, 


6 


do. 


2,190 


"1 deputy quarter-master, - 


3 


do. 


1,095 


M 1 surgeon to the staff, 


6 


do. 


2,190 


"4 surgeons, 


3 


do. 


4,380 


" 12 surgeons' mates, 


2 


do. 


8,760 


"6 do. for garrisons, 


2 


do. 


4,380 


" 1 principal artificer, 


3 


do. 


1,095 


" 1 second artificer, 


2 


do. 


730 


"56 captains, 


3 


do. 


61,320 


"60 lieutenants, 


2 


do. 


43,800 


"48 ensigns, 


2 


do. 


35,040 


" 4 cornets, 


2 


do. 


2,920 
214,985 rations, 



" Or money in lieu thereof, at the option of the 
officers, at the contract price at the posts, 
respectively, where the rations shall be- 
come due. 

" 240 non-commissioned and privates, 

artillery, 

" 320 do. do. cavalry, 

" 4,560 do. do. infantry, 



5,120 men, at 1 ration per day, 



1,868,800 







2,083,785 rations. 




" 2,083,785 rations, at 15 cents per 


ration, 


8312,567 75 




"FORAGE. 




PER MONTH. 




H. Journal, 
p. 646. 


" 1 major general, 


- 


at $20 


g240 




" 4 brigadier generals, 


- 


16 


768 




"13 majors, 


- 


10 


1,560 




" 1 pay-master at head quarters, 


- 


10 


120 




" 1 adjutant general, 


- 


12 


144 




" 1 quarter-master general, - 


- 


12 


144 




" 1 deputy quarter-master general, 


- 


10 


120 




" 6 aides-de-camp, - 


- 


10 


720 




" 4 brigade majors, - 


- 


6 


288 




"4 adjutants, 


- 


• 6 


288 




" 1 surgeon to the staff", 


- 


12 


144 




" 4 surgeons, 


- 


10 


480 




" 12 surgeons' mates, 


- 


6 


864 




" 6 do. for the garrisons, - 


- 


6 


432 





700 



2d Congress. 
2d Session. 



Resolu- 
tions of 
House. 



HISTORY OF CONGRESS. 



Appropriations— Estimates for 1793. 



1792. 



" 4 pay-masters, 
"12 quarter-masters, 



PER MONTH. 

6 
6 



288 
864 



(t Cavalry unprovided for in the Year 1792. 
" 1 major, - 
" 4 captains, - 

" 4 lieutenants, - 

'* 4 cornets, - 

" For the Year 1793. 
" 1 major, - 
"4 captains, - 

"4 lieutenants, ... 

"4 cornets, - 
"320 non-commissioned and privates, 



«« CLOTHING. 
" 240 non-commissioned and privates, artillery, 
" 320 do. do. cavalry, 

"4,560 do. do. infantry, 



$7,464 



10 


$120 


10 


480 


6 


288 


6 


288 


10 


120 


10 


480 


6 


288 


6 


288 


6 


25,040 



1,176 



26,216 
$34,856 



"5,120 

" 480 contingencies. 



" 5,600 suits, at 20 dollars per suit, 



$112,000 



* Equipments for Cavalry, 
** Boots, horsemen's caps, and such articles as may be lost 
or worn, conjectural, - 



85,000 



" Horses for Cavalry. 
" To replace the horses which may die, or become unfit for 

service, conjectural, - 85,000 

"BOUNTY, 
"To complete the number in lieu of discharged soldiers, 
those rendered unfit for duty, and deserters, conjec- 
tural, 500 soldiers, including premium, at $10 each, $5,000 

" Additional Bounty, for which no Provision was made, 
but allowed by the Act, passed March 5th, 1792. 
" 952 non-commissioned and privates in service, at two dol- 
lars, .--.-. 1,904 
4 * 4,168 do. to be raised, being estimated in former esti- 
mate, at eight dollars, including premium; the act of 



HISTORY OF CONGRESS. 



701 



Chjlp.VIII. 



9d Congress. 
2d Session. 



Resolu- 
tions of 
House. 



Appropriations— Estimates for 1793. 



1792. 



the fifth March, seventeen hundred and ninety-two, 
allowing ten dollars, is for the difference two dollars, 



8,336 
SI 5, 240 



" Defensive Protection of the Frontiers. 

"Pay, &c. of the militia and scouts, estimated at 

" Hospital Department. 

" For medicines, instruments, furniture, and stores, for the 
hospital, for the garrisons and posts on the western and 
southern frontiers, also the pay and subsistence of a 
purveyor, assistants, and nurses, in the hospitals, con- 
jectural, ------ 

" Quarter- Master's Department. 
" Pack horses and forage, tents, boats, &c. ; also, the trans- 
portation of the recruits, ordnance, and military stores, 
and all the articles of the quarter-master's department, 
the purchase of axes, camp-kettles, pack-saddles, iron, 
fuel, boards, nails, paint, company books, stationary, 
&c.$ also, the pay and subsistence of artificers em- 
ployed in the said department, conjectural, 

" Indian Department. 

" The expenses in this department amount, in the year se- 
venteen hundred and ninety-two, as per accounts ren- 
dered, to - - - - g44,207 98 

" Accounts allowed, which will be shortly stated, 

estimated at 5,500 



Provided for in the year 1792, 



49,707 98 
25,000 

^24,707 98 



H. Journal, 
p. 647. 



" The surplus has been paid from the general contingencies 
of the war department. 

" The expenses of the year seventeen hundred and ninety- 
three, may probably amount to - - g50,000 



"ORDNANCE DEPARTMENT. 

" For the Salaries of the Store-keepers at the several Arsenals. 

"Springfield, - - - Massachusetts, §480 

" Fort Rensselaer, and its dependencies, New York, 172 

"West Point, - - - Ditto, 480 

"Philadelphia, - - - Pennsylvania, 500 

"Carlisle, - - - Ditto, 60 

"Fort Pitt, - - Ditto, 360 



702 
CHAP.vm. 

2d Congress. 
2d Session. 

Resolu- 
tions of 
House. 



HISTORY OF CONGRESS. 



Appropriations— Estimates for 1793. 



1792 93. 



"New London, - Virginia, 


430 


"Manchester, - - - Ditto, 


50 


"Charleston, - South Carolina, 


100 


"One assistant at Springfield, - 


240 


"Two ditto, at West Point, 


480 


"One clerk of military stores, Philadelphia, 


480 




3,832 


"RENTS. 




"Philadelphia, - - - 666 66 




"New London, - - - 350 00 




"Manchester, - - 66 66 


i.nfts so. 



"Labourers at the arsenals, - - 400 

" Coopers, armorers, and carpenters, em- 
ployed occasionally, - - 600 
" Ten armorers, at ten dollars per month, 1,200 
" Two conductors of military stores at thir- 
ty dollars per month, - - 720 

" Five hundred rifles, purchased in seven- 
teen hundred and ninety-two, and not 
included in former estimates, 

"Repairing of arms, equipments of can- 
non, cartridge boxes, swords, and eve- 
ry other article in this department, 
conjectural, - 



« INVALIDS. 

"For the annual allowance to the invalids 
of the United States, from the fifth day 
of March, one thousand seven hun- 
dred and ninety-three, to the fourth 
day of March, one thousand seven hun- 
dred and ninety-four. 

" New Hampshire, - 

"By the Circuit Court, • 

"Massachusetts, 

"By the Circuit Court, - 

" Rhode Island, 

"By the Circuit Court, - 

" Connecticut, - 

"By the Circuit Court, - 



2,920 



6,000 



10,000 

23,835 32 



3,810 68 
409 12 


H. Journal, 
p. 648,649. 

4,219 80 
13,278 20 
3,095 

R.477 83 


11,941 75 
1,336 45 


2,899 
196 


7,682 03 
795 80 



HISTORY OF CONGRESS. 



703 



Chap. VIII. 



Appropriations— Estimates for 1793. 



1792. 



2d congress. " Vermont, 

"By the Circuit Court, 



510 64 



House. 





510 64 
15,972 66 


4,094 26 




76 00 






4,170 26 






16,642 64 




1,884 00 




4,328 56 




7,761 33 




886 00 




1,018 40 




$82,245 32 



Resolu- 
«™L° f "New York, - 
" New Jersey, 

" By the Circuit Court, 

"Pennsylvania, 
" Delaware, 
" Maryland, - 
" Virginia, 
" North Carolina, 
" Georgia, 



" LEASE. 

" Of the buildings occupied for the use of 
the war office, and the office of the 
accountant of the war department. 

"The amount of the lease for the term 
of four years, as per indenture there- 
of with James Simmons, - - 1,666 66 

" Contingencies of the War Department. 
"For maps, hiring expresses, allowances 
to officers for extra expenses, printing, 
loss of stores of all kinds, advertising 
and apprehending deserters, &c,. con- 
jectural, - - - 50,000 00 



" Resolved — That for making good the several and respective 
sums of money aforesaid, there be appropriated, 

" 1st. The sum of six hundred thousand dollars, reserved by 
the act making provision for the debt of the United States. 

M 2d. The surplus which may remain unappropriated for the 
use of the war department, in the year one thousand seven hun- 
dred and ninety-two. 

" 3d. So much of the existing revenues of the United States, 
as are unappropriated." 

It was then ordered, that Messrs. Lawrance, Baldwin, Jere. 
Smith, Steele, and Giles, prepare a bill pursuant to these resolu- 
tions. And on the 21st of December, Mr. Lawrance, from this H. Journal, 
Bill report- committee, reported a bill making appropriations for the support P- 651, 
f« t, onfi i °f government, for the year one thousand seven hundred and 

1_H. B.^Uo. J 



704 HISTORY OF CONGRESS, 



CHAP. VIII. Appropriations. 1792. 



2d congress, ninety-three, which was read the first and second time, and com- 

'— mitted to a committee of the whole house. The bill was taken 

up for consideration in committee on the 31st, and the committee H. Journal, 

having risen without coming to any conclusion, it was ordered p " 

that they be discharged from the further consideration of the bill, 

and it was recommitted to the original committee. On the 7th 

Amenda- of January, 1793, Mr. Lawrance reported an amendatory bill, Id. p. 663. 

mrR 91 fi which was then read the first and second time, committed to 

a committee of the whole, considered in committee, and reported 

without amendment. Having been amended on the following 

day, the bill was ordered to be engrossed and read the third 

time; and on the 9th, the blanks were filled up, and the bill was Id. p. 665. 

Bill passed read the third time, and passed, and was then sent to the Senate 
by House. r ,v • 

lor their concurrence. 

In the Senate, the bill received the first reading on the same s. Journal, 
day; and, on the 10th, it was read the second time, and referred P- 470 - 
to Messrs. Izard, Strong, and Taylor. Mr. Izard made a report 
from this committee on the 15th, and the bill was amended to id. p. 471. 
conform to the report. The bill was taken up again for conside- 
ration on the 21st, 22d, and 23d, on the last named of which days, id. p. 473, 
it was agreed to postpone its further consideration: it was after- * 
wards considered and discussed on the 24th, and on the 8th, 9th, id. p. 482, 
and 19th of February. These delays in the action of the Se- 483.490. 
nate on this bill, were for the purpose of obtaining fiscal infor- 
mation from the secretary of the treasury, the character of 
which may be seen by reference to our 677th page. On the 19th 
it was agreed to amend the third section, so as to read as fol- 
lows : — 
Billamend- " Sect. 3. And be it further enacted — That the President of the 

ed by Se- Tj n it ec [ States be authorized to borrow, on account of the said 

nate. 7 t 

states, any sum or sums, not exceeding, in the whole, eight hun- 
dred thousand dollars, at a rate of interest not exceeding five 
per cent, per annum, and reimbursable at the pleasure of the 
United States, to be applied for the purposes aforesaid, and to be 
repaid out of the said surplus of the duties on imposts and ton- 
nage, to the end of the present year, 1793; and that it shall be 
lawful for the Bank of the United States to lend the said sum. 
And the President of the United States shall cause so much of 
the loan made of the Bank of the United States, pursuant to 
the 11th section of the act by which it is incorporated, to be 
paid off in sums not less than fifty thousand dollars, as, in his 
opinion, the state of the treasury may, from time to time, admit, 
out of any moneys which may be in the treasury, having due re- 



HISTORY OF CONGRESS. 705 



CHAP.Vni. Appropriations. 1793. 



2dSB" ?ress " £ arc * to ^ ie ex ig enc * es °f government, and the appropriations 
" made, and to be made by law." 

The question being taken on agreeing to the section, as 
amended, it was decided in the affirmative, by the following 
vote : — 

Yeas — Messrs. Bassett, Bradley, Burr, Cabot, Dickinson, Ells- 
worth, Foster, Gunn, Johnston, Izard, King, Langdon, Morris, 
Read, Rutherford, Sherman, Stanton, Strong, Wingate. — 19. 

Nays — Messrs. Brown, Butler, Edwards, Few, Hawkins, Hen- 
ry, Monroe, Robinson, Taylor. — 9. 
Bill passed The bill was then ordered to the third reading ; and, on the 
y Senate. 20th, it was read the third time, and passed. 

The House of Representatives proceeded, on the 22d, to con- H. Journal, 
sider the amendments of the Senate, when it was resolved to P ,714 > 715 ' 
concur in the first, second, third, and fourth amendments to the 
first section : and the fifth amendment to the same section was 
then taken up as follows : — 

"Lines 137, to 151. Strikeout from the 'For,' to the word 
1 dollars,' inclusive, and insert : 

" For defraying the expenses of the department of war, in- 
cluding the pay, subsistence, forage, and clothing, of the troops 
authorized by law, the equipments and horses for cavalry, the 
hospital and quarter-master's department, the defensive protec- 
tion of the frontiers, and the payment of bounties, nine hundred 
and sixty-three thousand nine hundred and seventy-one dollars 
and seventy-five cents. 

u For every contingent expense in the war department, in- 
cluding maps, hiring expresses, allowance to officers, for extra 
expenses, printing, loss of stores, advertising and apprehending 
deserters, thirty thousand dollars." 

The question being taken on agreeing to this amendment, it 
was decided in the negative, by the following vote : — 

Ayes — Messrs. Ames, Benson, Boudinot, S. Bourne, B. Bourne, 
Dayton, Gerry, Gilman, Goodhue, Gordon, Greenup, Gregg, 
Hillhouse, Huger, Lawrance, Learned, Leonard, Livermore, Mil- 
ledge, Niles, Parker, Schoonmaker, Sedgwick, Jere. Smith, I. 
Smith, Wm. Smith, Thatcher, Wadsworth, Ward, Willis.— 30. 

Noes — Messrs. Ashe, Baldwin, Barnwell, Clarke, Findley, 
Fitzsimons, Giles, Griffin, Grove, Hartley, Hindman, Key, Kit- 
chell, Lee, Macon, Madison, Mercer, Moore, Muhlenberg, Mur- 
Vol. I.— 89 



706 HISTORY OF CONGRESS. 



Chap. VIII. Appropriations. 1793. 



2d congress, ray, Orr, Page, Silvester, Steele, Sterrett, Sumpter, Tredwell, 
— — Tucker, Venable, White, Williamson. — 31. 

The amendment was, consequently, disagreed to. On the fol- H. Journal, 
Jowing day, the House proceeded to consider the amendment of p ' ' 
the Senate to the third section, which has already been given ; 
and, on the question to agree to the said amendment, being 
taken, it was decided in the affirmative, by the following vote: — 

Ayes — Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, 
B. Bourne, Clarke, Gerry, Gilman, Goodhue, Gordon, Greenup, 
Hartley, Hillhouse, Hindman, Huger, Key, Kitchell, Lawrance, 
Learned, Leonard, Livermore, Mies, Sedgwick, Silvester, Jere. 
Smith, Wm. Smith, Steele, Sterrett, Sturges, Thatcher, Wads- 
worth, Ward, Williamson. — 34. 

Noes — Messrs. Ashe, Baldwin, Dayton, Findley, Fitzsimons, 
Giles, Gregg, Grove, Heister, Lee, Macon, Madison, Mercer, 
Moore, Murray, Orr, Page, Parker, I. Smith, Sumpter, Tredwell, 
Tucker, Yenable, White, Willis.— 25. 

On the 25th, the Senate reconsidered their fifth amendment, s. Journal, 
which had been disagreed to by the House of Representatives, P* 493, 
pill passed, and determined to recede from the game. So the bill was passed. 



HISTORY OF CONGRESS. 



707 



Chap. IX. 



let Congress. 
1st Session. 



Miscellaneous— Copy-rights. 



CHAPTER IX. 



1789. 



Copy-rights — Petition of D. Ramsay — Bill to increase Penalties — Petition of John 
Churchman, concerning- Magnetic Needle — Proceedings thereon — Useful Arts 
— Petitions of Read and Stevens, and Francis Bailey — Bill granting exclusive 
Privileges — Bill to amend — Petition of John Fitch — Naturalization — Eques- 
trian Statue of Washington — Memorial of Ceracchi — Memorial of Quakers con- 
cerning Abolition of Slavery — Proceedings thereon — Deatlfof Franklin — Co- 
pies of French Eulogium — Communication of the Death of the Dauphin of 
France — Letter from the King of France, announcing that he had accepted the 
Constitution — Reply of Congress — Proceedings on the Claim of John Brown 
Cutting. 

Copt- Soon after the assembling of the first Congress, the subject of H. Journal, 

rights. CO py _ r ights W as brought before the House of Representatives. p ' 14, 
of David On the 15th of April, 1789, a petition was presented from David 
Ramsay. Ramsay, of South Carolina, setting forth that he had, at a great 
expense of time and money, published a book entitled " The His- 
tory of the Revolutiqn of South Carolina, from a British Pro- 
vince to an independent State ;" that he had also prepared ano- 
ther book, under the title of the " History of the American Re- 
volution ;" and praying for the passage of a law for securing to 
him, his heirs, and assigns, for a certain term of years, the sole 
and exclusive right of vending and disposing of the said books 
within the United States. 

This petition was referred to Messrs. Tucker, White, and Hun- 
tington. On the 20th of April, Mr. Tucker reported the follow- Id. p. 52. 
ing opinion : — 

" On the subject of the petition of Dr. David Ramsay, your Id. p. 18. 
committee report it as their opinion, that a law should pass, to 
secure to him the exclusive right of publishing and vending, for a 
term of years, the two works mentioned in the petition.'' 

Messrs. Huntington, Cadwalader, and Contee, were then ap- 
[H. B. 10.] pointed a committee to bring in a bill " making a general provi- 
sion for securing to authors and inventors the exclusive right of 
their respective writings and discoveries;" and, on the 23d of 
June, Mr. Huntington, from this committee, presented a bill to 
promote the progress of science and useful arts, by securing to 
authors and inventors the exclusive right to their respective wri- 
tings and discoveries, which was then read the first time, and, on 



Bill report- 
ed. 



7 0Q HISTORY OF CONGRESS. 



Chip. IX. Miscellaneous— Copy-righta. 1789. 



1st congress, the next day, received the second reading, and was committed to 

" — ~ a committee of the whole house. The consideration of the bill 

Postponed, was postponed from day to day, until the 17th of August, when it H. Journal, 
was further postponed until the next session of Congress. p * * 

2d session. At the next session, on the 25th of January, 1790, Messrs. 1790. 

New com- Burke, Huntington, and Cadwalader, were again appointed a h. Journal, 
mittee. committee to prepare and bring in a bill for the above object. p ' 
Bill report- And, on the 28th, Mr. Burke, from this committee, presented a 
ed * bill for securing the copy-right of books to authors and proprie- 

[H. B. 39.] tors, which was then read the first time, and the House adopted 
the following order: — 

u Ordered — That it be an instruction to the committee ap- 
pointed to prepare and bring in a bill, or bills, for securing to 
authors and inventors an exclusive right to their respective wri- 
tings and discoveries, that they do insert a clause, or clauses, for 
giving effectual encouragement to the introduction of useful arts 
from foreign countries. " 

A petition of Francis Bailey, of Philadelphia, printer, pray- 
ing an exclusive privilege for an invention to prevent printed 
papers from being counterfeited, was presented on the 29th, and 
referred to this committee. 
Amenda- The copy-right bill was considered in committee of the whole id. p. 150. 
torybill. on ^g lst f February, and was reported with amendments, 
[H. B. 43.] which were agreed to, and the bill was then ordered to be en- 
grossed for the third reading. And, on the 2d, the bill was re- id. p . 163. 
committed to Messrs. Boudinot, Sherman, and Silvester. Mr. 
Boudinot, on the 25th, from this committee, reported an amend- id. p. 164. 
atory bill " for the encouragement of learning, by securing the 
copies of maps, charts, books, and other writings, to the authors 
and proprietors of such copies, during the times therein men- 
tioned," which was read the first time; and, on the next day, re- 
ceived the second reading, and was committed to a committee of 
the whole house. In committee of the whole the bill was con- 
sidered on the 29th of April, when several amendments were id. p. 205, 
reported, which were agreed to by the House, and the bill was 206 « 
then ordered to be engrossed for the third reading. On the fol- 
by House, lowing dajr, the bill was read the third time, and passed. 

In the Senate, this bill received the first reading on the same s. Journal, 
day, and, on the 4th of May, was read the second time, and F^q 35 ' 137 " 
committed to Messrs. Read, Paterson, and Johnson. Mr. Read, 
on the 12th, reported amendments, which were accepted by the 



HISTORY OF CONGRESS. 709 



CHAP. EL Miscellaneous— Copy-rights. 1790. 



1st congress. Senate on the 13th; and, on the following day, the bill was read 

2d Session. , ' 7 ° J l 

the third time, and passed, as amended. The House of Repre- H. Journal, 
by Senate, sentatives, on the 17th, concurred in these amendments. p * 217 ' 

a* session. At the third session, on the 28th of January, 1791, the House 1791. 
of Representatives passed an order, in the following terms: — H. Journal, 

Bill to in- " Ordered — That a bill, or bills, be brought in, to increase 
nalties. tne penalties provided by the act for the encouragement of learn- 
ing, &c, so far as the said penalties apply to maps and charts, 
and to books of calculations; and that Mr. Huntington, Mr. Ma- 
dison, and Mr. Heister, do prepare and bring in the same." 

On the 9th of February, Mr. Huntington, from this commit- Id. p. 373. 
[H.B.123.] tee, presented a bill "for increasing the penalty contained in an 
act passed the second session of Congress, entitled 'An act for 
the encouragement of learning, by securing the copies of maps, 
charts, and books, to the authors and proprietors of such copies, 
during the times therein mentioned/ " which was then read the 
first time; and, on the following day, w T as read the second time, Id. p. 374. 
and committed to a committee of the whole house. There ap- 
pears to have been no further action on this bill. 



f%* 



■ y V 



1st congress. Another bill, on this subject, was reported to the House of 1789. 

1st Session. . — 

Representatives in the first session of the second Congress; but h. Journal, 

as this bill was induced by the memorial of an individual, it P* 14, 
will be necessary to advert to his previous applications to the 
House. 
Petitions As early as the 15th of April, 1789, was presented to the 
of John House the petition of John Churchman, setting forth that, by 
man. several years' labour, close application, and at great expense, he 
had invented several different methods by which the principles 
of magnetic variations are so explained, that the latitude of a 
place being given, its longitude may be easily determined; and 
praying that a law might pass for vesting, in the petitioner, his 
heirs and assigns, an exclusive right of vending of spheres, he- 
mispheres, maps, charts, and tables, on his principles of magne- 
tism, throughout the United States; as also, that he might re- 
ceive the patronage of Congress to enable him to perform a 
voyage to Baffin's Bay, for the purpose of making magnetical 
experiments to ascertain the causes of the variation of the needle, 
and how near the longitude might be thereby ascertained. 

This petition was referred to Messrs. Tucker, White, and 



710 HISTORY OF CONGRESS. 



CHAP. IX. Miscellaneous— Copy-rights. 1789. 



1st congress. Huntington. On the 20th, Mr. Tucker made a report from this H. Journal, 

l —^ committee, which produced some debate, in which Mr. Madi- p ' 18# 

son, Mr. White, Mr. Burke, Mr. Page, Mr. Huntington, Mr. C on!°Reg., 
Sherman, and Mr. Tucker, took part. The question was then vo1 - ' l - P- 
taken on the first clause, as follows: — 

" That the committee have conferred with Mr. Churchman, 
and find that he has made many calculations which tend to esta- 
blish his position, that there are two magnetic points which give 
direction to the needle: that, upon this doctrine, he has endea- 
voured to ascertain from a given latitude, and a given variation, 
what must be the longitude of the place; and having applied his 
principles to many instances in Cook's voyages, has found the 
result to correspond with considerable accuracy with the real 
facts, as far as they could be determined by the reckoning of the 
ship. That the object to which Mr. Churchman's labours are 
directed, is confessedly of very high importance, and his ideas 
on the subject appear to be ingenious. That, with a view of ap- 
plying them to practice, he has contrived a map and a globe, 
whereby to show the angles which are made by the intersection 
of the real and the magnetic meridians in different parts of the 
earth: That he is also engaged in constructing tables for deter- 
mining the longitude at sea upon magnetic principles: That the 
committee are of opinion that such efforts deserve encourage- 
ment, and that a law should pass to secure to Mr. Churchman, 
for a term of years, the exclusive pecuniary emolument to be de- 
rived from the publication of these several inventions." 

And the House determined to agree to this clause of the re- 
port. The second clause is as follows : — 

" With respect to the voyage proposed by Mr. Churchman to 
Baffin's Bay, the committee are cautious of recommending, in the 
present deranged state of our finances, a precipitate adoption of 
a measure which would be attended with considerable expense ; 
but they are of opinion, that at a future day, if Mr. Church- 
man's principles should be found to succeed in practice, it would 
be proper to give further encouragement to his ingenuity." 

Not acted This clause being considered, it was determined that it should 
on - lie on the table. The remaining clause of the report refers to 

Dr. Ramsay's petition. 

3d session. On the 16th of December, 1790, being the third session, a pe- 1790. 
Church- tition was again presented to the House, from John Churchman, H. Journal, 
second S pe- P ra y m g tnat tne application he made at the first session of Con- p " 338, 

tition. 



HISTORY OF CONGRESS. <?U 



Chap. IX. Miscellaneous— Copy-rights— Churchman's Theory. 1790-91. 



tion. 



1st congress, gress, for permission to undertake a voyage to Baffin's Bay, at the 
— ession ' public expense, for the purpose of making magnetical experi- 
ments to ascertain the causes of the variation of the needle, and 
how near the longitude can be thereby ascertained, may now be 
determined. And on the 23d, this petition was referred to H. Journal, 
Messrs. Huntington, Madison, and Heister. Mr. Madison made p * 
a report from this committee on the 6th of January, which was Id. p. 350. 
taken up for consideration on the 28th, when a motion was made, 366, 
in the following words : — 

" That the petition of the said John Churchman be complied 
with, so far as to enable him to make a voyage to Baffin's Bay, 
- for ascertaining his discoveries relating to the magnetic circles." 

The question being put on this motion, it was determined in 
Rejected, the negative. 

2d congress. Mr. Churchman again presented his petition to. the House, at 1791-92. 

— - the first session of the second Congress, on the 30th of Decern- h. Journal, 

mUT" ^er, 1791 ; and on the 6th of January following, it was referred P- 483 - 489 - 

third peti- to Messrs. Page, Wadsworth, and Wayne. With the prayer for 
aid to undertake the voyage to Baffin's Bay, this petition con- 
nected another for an increase of the penalties imposed by the 
act, entitled " An act to promote the progress of useful arts." 
On the 1st of February, Mr. Page made a report from this com- id. p. 500. 
mittee, which, on the 29th, was taken up, and agreed to, as fol- 524 * 
lows :— 

" That the said Churchman having pursued his inquiries into 
his theory of the variation of the magnetic needle, has found a 
number of observations, made in different parts of the world, 
which confirm his hypothesis; that, animated by this circum- 
stance, and applauded for his ingenuity by several learned so- 
cieties in Europe, which have looked up to him for the prosecu- 
tion of his plan for establishing the truth of his theory, he has 
been emboldened to ask again the aid of the general government 
of the United States, to enable him to gratify the expectations 
of the philosophical world, and to put his theory to an immediate 
and the strictest scrutiny. The committee are free to declare it, 
as their opinion, that Mr. Churchman's ingenuity, displayed in 
proposing and supporting his theory, and his labours in prose- 
cuting his examination thereof, entitle him to the applause of 
the enlightened world, and to the encouragement and support of 
his country. And it is the opinion of the committee that, as a 
more perfect knowledge of the laws of magnetism, and the va- 
riation of the magnetic needle, is greatly to be desired, as it 



712 HISTORY OF CONGRESS. 



Chap. IX. Miscellaneous— Copy-rights— Churchman's Theory— Useful Arts. 1792. 



2d congress, would furnish a ready means of adjusting and preventing dis- 

"■ putes respecting the boundaries of ancient surveys of land, and 

of correcting many inaccuracies in geographical charts, and in 
the journals of the courses and distances run by vessels at sea, 
every possible encouragement ought to be given to all persons 
who, by their theories, confirmed by observations, contribute to- 
wards the perfecting this desirable knowledge ; and that, as the 
United States are peculiarly interested in whatever can adjust or 
prevent disputes between their citizens, and can improve geo- 
graphy and navigation, ' the Congress of the United States may, 
with great propriety, patronise such a person as Mr. Churchman, 
and grant him such aid as may be necessary to enable him to 
prosecute his laudable inquiries to good effect ; ' but the commit- 
tee submit it to the wisdom of the House, to say whether, in the 
present circumstances of the United States, such grant shall now 
be made. As to that part of the memorial which states that, in 
the act for the encouragement of learning, by securing the copies 
of maps, charts, and books, to their authors and proprietors, the 
penalty annexed to the offences of copying such maps and charts 
was too small, and by no means adequate to the offence, and 
praying for an act to amend the same ; the committee are of opi- 
nion that the prayer of the memorialist is reasonable, and that 
the copy-right of maps, charts, tables, and prints, ought to be se- 
cured to their respective authors, or their assigns, by greater pe- 
nalties than those declared in the act aforesaid." 

It was then ordered that Messrs. Page, Goodhue, and Gregg, 
prepare and bring in a bill, or bills, pursuant to this report. Mr. 
[H.B.170.] Page, accordingly, on the 7th of March, presented a bill " to H. Journal, 
amend the act entitled 'An act for the encouragement of learn- P- 530 - 
ing, by securing the copies of maps, charts, and books, to the 
authors and proprietors of such copies, during the times therein 
[H.B.171.] mentioned.' Also, a bill to enable John Churchman to prosecute 
certain observations and discoveries relative to the northern mag- 
netic point." 

Both these bills were then read the first time, and, on the fol- 
lowing day, were read the second time, and committed to a com- 
Not acted mittee of the whole. But there was no subsequent action on 
on# either of these bills, during this Congress. 



istcongresa. In connexion with the preceding subjects, mav be introduced 1700 

2d Session. .,,.,,. • r 1 * 

UgEFUL the legislation concerning useful arts. H. Journal, 

AnTS - On the 8th of February, 1790, a petition was presented to the p * 154 * 



HISTORY OF CONGRESS. 713 



CHAP. IX. Miscellaneous-Useful Arts. 1790. 



^congress. House of Representatives, from Nathan Read of Salem, Massa- 
~~~ chusetts, praying the aid of Congress, and an exclusive privilege 
of Nathan for constructing sundry machines and engines, which he has in- 
RE Joh and ventec * f° r improving the art of distillation, for facilitating the 
Stevens, operation of mills and other water works, and for promoting the 
clusiv C3 "" P ur P oses °f navigation and land carriage. At the same time, 
vileges. was presented the petition of John Stevens, jr., praying that an 
exclusive privilege may be granted him, for an improvement on 
the steam engine, which he had invented, by a new mode of ge- 
nerating steam. These petitions were referred to Messrs. Burke, 
Huntington, and Cadwalader. On the 16th, Mr. Burke, from id. p. 154. 
[H. B. 41.] this committee presented a bill, " to promote the progress of 160, 
useful arts," which was then read the first time ; and, on the next 
day, received the second reading, and was committed to a com- 
mittee of the whole. The bill received the consideration of the 
committee on the 4th and 5th of March, when several amend- id. p. 167, 
ments were reported, and agreed to by the House; after which 168, 
the bill was ordered to be engrossed for the third reading; and, on id. p. 169. 
Passed by the 10th, the blanks having been supplied, the bill was read the 172 - 
House. third time and passed# 

In the Senate, this bill was read the first time on the 11th of s. Journal, 
March, and, on the 15th, the bill was again taken up, on the P- 1 ^* 120 - 
question of the second reading, and committed to Messrs. Car- 
Amended r oll> Johnson, Few, Maclay, and Paterson. Mr. Carroll made a 
and passed re p 0r t on the 29th, in pursuance of which the bill was amended, id. p. 124, 
and was passed on the next day with twelve amendments. On 125# 
the 3d of April, the House of Representatives proceeded to con- H . Journal, 
sider these amendments, when the whole of them were concurred p- 187,188. 
in, with the exception of the tenth amendment, which was disa- 
greed to; and on the 5th, the Senate receded from their tenth s. Journal, 
amendment. p * 128, 

These amendments appear to have embraced the case of Fran- 
cis Bailey, of which the following is a summary statement. 
Petition of On the 29th of January, a petition was presented to the House h. Journal, 
Francis from Francis Bailey of Philadelphia, printer, praying for an ex- P* 149, 
elusive privilege, in the use of an invention which he had disco- 
vered, of forming types for printing devices to surround or make 
parts of printed papers for any purpose, which cannot be coun- 
terfeited. This petition, as stated in a preceding page, (708,) was 
referred to Messrs. Burke, Huntington, and Cadwalader. On 
the 3d of February, Mr. Burke reported as follows: — id. p. 151, 

" That Mr. Bailey hath communicated to the committee his 
Vol. L— 90 



714 HISTORY OF CONGRESS. 



CHAP. IX. Miscellaneous— Useful Arts. 1790-91. 



ist congress, invention or device to prevent the counterfeiting of public pa- 
— pers, which the committee are of opinion will be of great im- 
portance to the public, and therefore recommend that the said 
petition be referred to the secretary of the treasury to report 
thereon." 

The report was agreed to, and the petition was referred to the 
secretary of the treasury from whom a report was received on 
the 23d, which was taken up for consideration on the 26th, when h. Journal, 
it was ordered that Messrs. Boudinot, Sedgwick, and White, pre- p. 162.164. 
pare a bill for securing to the said Francis Bailey an exclusive 
privilege to the use of his invention. On the same day, Mr. 

[H. B. 44.] Boudinot, from this committee, presented a bill " to vest in Fran- 
cis Bailey, the exclusive privilege of making, using, and vending 
to others, punches for stamping the matrices of types, and im- 
pressing marks on plates, or any other substance, to prevent coun- 
terfeits, upon a principle by him invented, for a term of years," 
which was then read the first time, and, on the two next sue- id. p. 165. 
ceeding days, was read the second and third time, and passed. 

In the Senate this bill was read the first and second time, on s. Journal, 
the 2d and 3d of March, and was committed to Messrs. Strong, P* 117 - 
Ellsworth, Hawkins, Few, and Henry. On the receipt, from id. p. 120. 
the House of Representatives, of the bill to promote the progress 
Attached of useful arts, this bill concerning Mr. Bailey, was referred to 

to bill to (he committee to whom had been given the charge of the gene- 

tbe pro- ral bill ; and when Mr. Carroll reported this last-mentioned bill, id. p. 124. 

!2b] °r+ *^ e °^J ec ^ °f Bailey's application was engrossed as an amend- 
ment on the bill to promote the progress of useful arts. 

3d session. At the next session of Congress, on the 9th of December, 1790, id. p. 333. 
Bill to a- the House of Representatives ordered, that Messrs. White, Se. 371 - 

men< rif° r ne ^' anc * Baldwin, be a committee to prepare and bring in a bill, 
or bills, to amend the act, entitled " An act to promote the pro- 
gress of useful arts." On the 7th of February following, Mr. 

[H.B.121.] White, from this committee, presented a bill with the foregoing 
title, which was then read, and, on the next day, received the se- 
cond reading, and was committed to a committee of the whole. 
A petition and remonstrance of John Fitch was presented on id. p. 374. 
Bill not * ne 10tn > complaining of the injurious operation of this depend- 

actedon. ing bill. The bill was not again taken up during the session. 



fdCongreM. A committee was again appointed by the House of Repre- id. p. 444. 

1st Session. . * ' J * 

sentatives, at the commencement of the second Congress, on the 



HISTORY OF CONGRESS. 715 



CHAP. IX. Miscellaneous— Useful Arts. 1791-9*2. 



is\ C 4e n J r o SS " 28 *k °^ October, 1791, consisting of Messrs. Williamson, Sedg- 
"~- wick, and Hillhouse, charged with the preparation of a bill to 
mend for- amend the act entitled " An act to promote the progress of use- 
merbill. f u i ar ts." Mr. Williamson, on the first of March, 1792, pre- 
[H.B.166.] sented, from this committee, a bill, to amend an act, entitled 

"An act to promote the progress of useful arts;" which was H. Journal, 
then read, and, on the 2d, was read the second time, and com- P* 525, 
Not acted mitted to a committee of the whole. This bill was not further 
on * acted on. 

3d session. At the commencement of the second session of this Congress, 
Bill to a- on the 7th of November, 1 792, a petition was presented to the id. p. 614, 

mer biU f ° r House of Representatives, from Joseph Barnes, attorney in fact 615 - 
for James Rumsey, praying a revision and amendment of the 
act, entitled " An act to promote the progress of useful arts;" 
which petition was, on the following day, referred to Messrs. 
Williamson, Sturges, and Lee. Mr. Williamson, on the 10th of id. p . ese, 

[H.B.204.] December, presented, from this committee, a bill, " to amend an 
act, entitled • An act to promote the progress of useful arts f " 
which was then read the first and second time, and committed 
to a committee of the whole house. This bill was considered id. p . 685 
in committee of the whole, on the 29th, 30th, and 31st of Janu- ~~ 687 - 
ary, 1793, when several amendments were reported. These 1793 
amendments were agreed to, and the bill was ordered to be en* 
grossed on the 1st of February, and, on the 4th, the blanks were H. Journal, 
filled up, and the bill was passed, with the title " An act to pro- P- 688 > 68 9- 
mote the progress of useful arts, and to repeal the act hereto- 
fore made for that purpose." 

This bill was read the first and second time in the Senate, on s. journal, 
the 5th and 7th of February, when it was committed to Messrs. P- 480 » 481 - 
Few, Bradley, and Johnston. On the 14th, Mr. Few reported id. p. 486, 
the bill with amendments, which were adopted, and the bill was 487, 
amended accordingly, and ordered to the third reading. And, 

BUI passed. on the next day, the bill was passed, in its amended form, and re- 
turned to the House for concurrence. 

The House of Representatives, on the same day, concurred h. Journal, 
in the amendments. p. 704. 



ist congress. On the 13th of May, 1789, a petition was presented to the 1789. 

1st Session. 



House of Representatives from John Fitch, of the state of Penn- h. Journal, 
Johx sylvania, stating that he is the original discoverer of the princi- P- 34 - 
Fitch. pi e f applying the power of steam to the purposes of naviga- 
tion, and had obtained an exclusive right therein, for a term of 



716 HISTORY OF CONGRESS. 



Chap. DC. Miscellaneous— Naturalization. 1789. 



1st congress, years, in the states of Virginia, Delaware, Pennsylvania, New 
— ~— Jersey, and New York, and praying that his rights might be se- 
/ Fit* °h ° f curec * to *" m D y * aw > an d m sucn manner, upon the true princi- 
ples of priority of invention, as would preclude subsequent im- 
provers upon his principle from participating therein, until the 
expiration of the term of his exclusive grants." 

This petition was referred to Messrs. Huntington, Cadwalader, 
and Contee, for their examination and opinion; but no distinct 
report appears to have been made on it. 

On the 22d of March, 1790, a petition of this same individual s. Journal, 
w T as presented to the Senate, praying that a clause, providing for p * 122, 
the trial by jury, might be inserted in the bill before Congress, 
(l to promote the progress of useful arts," which petition was re- id. p. 123, 
ferred to the committee having the bill in charge, and a report 124 ' 
was made by the committee, in the form of an amendment to 
the bill. 

Other petitions were presented by Mr. Fitch, at different times; id, p. 173. 
but, as they were not made the subjects of legislative provisions, h. Journal, 
it is not deemed expedient to be more specific concerning them. P* 254, 

2d session. In his speech, at the opening of the second session of the first 1790. 
Nattjraij- Congress, the President of the United States, thus adverted to 
zatios. t ^ e eX p ec jiency of adopting some mode of naturalization: — 

~ u Various considerations, also, render it expedient that the terms h. Journal, 
on which foreigners may be admitted to the rights of citizens, P* 135, 
should be speedily ascertained by a uniform rule of naturaliza- 
tion." 

The committee of the whole on the state of the Union, to whom 
the speech of the President was referred, having acquiesced, by 
their resolution, in the above suggestion,, a committee was ap- 
pointed, on the 15th of January, 1790, consisting of Messrs. Id p 141 
Hartley, Tucker, and Moore, to prepare and bring in a bill or 
bills " for establishing a uniform rule of naturalization." Mr. 

[H. B. 37.] Hartley, on the 25th, presented a bill " establishing a uniform id. p . 146. 
rule of naturalization," which was then read, and, on the next 
day, received the second reading, and was committed to a com- 
mittee of the whole house. The bill was considered in commit- 
tee on the 3d and 4lh of February, when the committee were id. p. 152. 
discharged from the further consideration of the bill, and it was 
recommitted to Messrs. Livermore, Sedgwick, Sherman, Law- 
rance, Schureman, Hartley, Seney, Moore, Tucker, and Jack- 
Amends son. On the 16th, Mr. Livermore, from this committee, re- id. p. 159. 

lory bill, ported an amendatory bill " to establish a uniform rule of natu- 



HISTORY OF CONGRESS. 717 



Chap. IX. Miscellaneous— Naturalization— Statue of Washington. 1790. 



1st congress, ralization, and to enable aliens to hold lands under certain re- 
ad Session. 



strictions," which was then read, and, on the next day, received 

the second reading and was committed to a committee of the 

[H. B. 40.] whole house. The bill was taken up, considered and discussed 

in committee of the whole, during the 23d, 24th, and 26th of Feb- h. Journal, 

ruary, and, on the 3d of March, when several amendments were P* }®2 
. 164. 167. 

reported, which were agreed to by the House, and the bill was 

then ordered to be engrossed for the third reading, and on the 

Billpassed. succeeding day, the bill was read the third time and passed. 

The bill received the first reading in the Senate on the same g. Journal, 

day, and the question of the second reading occupied the 8th p. 117. 119. 

and 9th, when the bill was referred to Messrs. Henry, King, 

Strong, Ellsworth, and Johnson. Mr. Henry made a report 

from this committee on the 12th, and the Senate had the report 

under consideration and discussion on the 15th, 16th, 17th, and id. p. 120. 

Bill passed 18th, when the bill was ordered to the third reading, and, on the 122 * 

by Senate. 19th, the bill was passed with an amendment, which was sent to 

the House of Representatives for concurrence. 

And, on the 22d, the House concurred in the amendment. H. Journal, 

p. 178. 



2d congress. On the 6th of December, 1791, the following motion was sub- 1791-92. 
mitted to, and adopted by, the House of Representatives: — H. Journal, 

Equestrian a Resolved — That Mr. Benson, Mr. Gerry, and Mr. Smith, 

statue of f South Carolina, be appointed a committee, on the part of this 

Washing- House, jointly with such committee as shall be appointed on the 

ton - part of the Senate, to consider and report to Congress the most 

eligible manner for carrying into effect the resolution of the 

United States, in Congress assembled, of the 7th of August, one 

thousand seven hundred and eighty-three, directing that an 

equestrian statue of General Washington should be erected." 

This resolution was then sent to the Senate for concurrence, S. Journal, 
where, after^being read, its consideration was postponed until P- 349, 
the morrow; but the subject was not resumed. 
Memorial ^ memorial was presented to the House of Representatives, H. Journal, 
of Cerac- on the 31st of October, 1791, from Joseph Ceracchi, a Roman P* 444 - 
sculptor, proposing to execute a monument to perpetuate Ame- 
rican liberty. This petition was, on the 11th of April, 1792, id. p. 574. 
referred to Messrs. Gerry, Benson, Lee, Murray, and Tucker. 579, 
Mr. Gerry, from this committee, made a report, on the 17th; Id. p. 602. 
and, on the 7th of May, Mr. Lee made the following report, 
which was agreed to by the House. 



718 HISTORY OF CONGRESS. 



CHAP. IX. Miscellaneous— Abolition of Slavery. 1792. 



2d confess. << It appears to your committee, that M. Ceracchi is an artist 

1st Session. *••"■•« , ,. , , 

of great reputation in Europe, a gentleman of respectable charac- 
ter, and has been actuated by the most honourable motives in of- 
fering to dedicate his genius and labours to the service of the 
United States. 

" It appears, however, to your committee, that, at the present 
time, it might not be expedient to go into the expenses which 
the monument voted by Congress, on the 7th day of August, 
one thousand seven hundred and eighty-three, would require, 
especially with the additional ornaments proposed by the ar- 
tist." 



ist confess. The question of the abolition of slavery was introduced at 1790. 
— : — — the second session of the first Congress. On the 12th of Febru- h. Journal, 
Abolition ary, 1790, a memorial from the Pennsylvania Society for pro- P- 157 ' 
° F bt^" mo ^ D g tne Abolition of Slavery, was presented to the House of 
Representatives, praying that Congress might take such measures 
in their wisdom, as the powers with which they are vested will 
authorize, for promoting the abolition of slavery, and discou- 
raging every species of traffic in slaves. 
Memorials On the preceding day, memorials of the people called Quakers, 
ofQuakers, at ^ Q - ir annua ] meetings, held at Philadelphia and New York, 
in the year 17S9, were presented to the House and read, pray- 
ing the attention of Congress in adopting measures for the aboli- 
tion of the slave trade; and, in particular, in restraining vessels 
from being entered and cleared out for the purposes of that trade. 
It was now moved that the memorial of the meeting at Phi- 
ladelphia be referred to the consideration of a committee; and 
the question being taken, it was decided in the affirmative, by 
the following vote: — 

Ayes — Messrs. Ames, Benson, Boudinot, Brown, Cadwala- h. Journal, 
der, Clymer, Fitzsimons, Floyd, Foster, Gale, Gerry, Gilman, P- 158 « 
Goodhue, Griffin, Grout, Hartley, Hathorn, Heister, Hunting- 
ton, Lawrance, Lee, Leonard, Livermore, Madison, jr., Moore, 
Muhlenberg, Page, Parker, Partridge, Van Rensselaer, Schure- 
man, Scott, Sedgwick, Seney, Sherman, Sinnickson, Smith, of 
Maryland, Sturges, Thatcher, Trumbull, Wadsworth, White, 
Wynkoop. — 43. 

Noes — Messrs. Baldwin, Bland, Burke, Coles, Huger, Jack- 
son, Mathews, Silvester, Smith, of South Carolina, Stone, 
Tucker.— 11. 

The memorial was then referred to Messrs. Foster, Hunting- 



HISTORY OF CONGRESS. 719 



Chap.ES. Miscellaneous— Abolition of Slavery. 1790. 



ist congress, ton, Gerry, Lawrance, Sinnickson, Hartley, and Parker. And 

2d Session. r i 

—— ~ it was further ordered, that the memorial of the annual meet- 
to special ing at New York, as well as that of the Pennsylvania Society for 
committee. p romo ti n g the Abolition of Slavery, be referred to the same 
Reported, committee. Mr. Foster made a report from this committee on 
Committed ^ e 5t ^ °^ March, which was, on the 8th, referred to a commit- H. Journal, 
to commit- tee of the whole house. In committee of the whole, the report P- 168 - 1 ? 1 - 
whole. L was considered and discussed during the 16th, 17th, 18th, 19th, id.p.176— 
and 22d, when several amendments were reported to the House. 179 « 
On the 23d, a motion was made to consider the amendments made 
Amended, in committee of the whole to the report of the committee, and de- 
cided in the affirmative: ayes, 26 j noes, 25. The report was then 
taken up for consideration. It was then moved that both the re- id. p. 180. 
port of the original committee, and the report of the committee 
of the whole, of amendments to the said report, be inserted in 
the Journal. And the question being taken on this motion, it 
was decided in the affirmative, by the following vote: — 

•dyes — Messrs. Boudinot, Brown, Cadwalader, Contee, Floyd, 
Foster, .Gerry, Gilman, Goodhue, Griffin, Hartley, Hathorn, 
Heister, Huntington, Lawrance, Lee, Leonard, Madison, jr., 
Muhlenberg, Parker, Partridge, Schureman, Scott, Sedgwick, 
Sherman, Silvester, Sinnickson, Vining, Wynkoop. — 29. 

Noes — Messrs. Ames, Baldwin, Benson, Bland, Burke, Car- 
roll, Coles, Gale, Grout, Jackson, Livermore, Mathews, Moore, 
Page, Van Rensselaer, Smith, of Maryland, Smith, of South Ca- 
rolina, Stone, Sturges, Sumpter, Thatcher, Trumbull, Tucker^ 
White, Williamson. — 25. 

The reports are as follow: — 

"Report of the Special Committee. 
Report of " The committee to whom were referred sundry memorials frorca 

special t h e people called Quakers; and, also, a memorial from the 

committee. * * •""«-. 

Pennsylvania Society for promoting the Abolition of Slave- 
ry, submit the following report: — 
« That, from the nature of the matters contained in these me- 
morials, they were induced to examine the powers vested in 
Congress, under the present Constitution, relating to the aboli- 
tion of slavery, and are clearly of opinion, 

" First. That the general government is expressly restrained 
from prohibiting the importation of such persons ' as any of the 
states, now existing, shall think proper to admit, until the year 
one thousand eight hundred and eight.' 

" Secondly. That Congress, by a fair construction of the Con- 



720 HISTORY OF CONGRESS. 



CHAP. EX. Miscellaneous— Abolition of Slavery. 1790. 



1st congress, stitution, are equally restrained from interfering in the emanci- 
— — — ~ pation of slaves, who already are, or who may, within the pe- 
Report of r j 0( j mentioned, be imported into, or born within any of the said 
committee, states. 

" Thirdly. That Congress have no authority to interfere in 
the internal regulations of particular states, relative to the in- 
struction of slaves in the principles of morality and religion; to 
their comfortable clothing, accommodations, and subsistence; to 
the regulation of their marriages, and the prevention of the vio- 
lation of the rights thereof, or to the separation of children from 
their parents; to a comfortable provision in cases of sickness, 
age, or infirmity; or to the seizure, transportation, or sale of 
free negroes; but have the fullest confidence in the wisdom and 
humanity of the legislatures of the several states, that they will 
revise their laws from time to time, when necessary, and pro- 
mote the objects mentioned in the memorials, and every other 
measure that may tend to the happiness of slaves. 

"Fourthly. That, nevertheless, Congress have authority, if they 
shall think it necessary, to lay, at any time, a tax or duty, not 
exceeding ten dollars for each person, of any description, the im- 
portation of whom shall be, by any of the states, admitted as 
aforesaid. 

" Fifthly. That Congress have authority to interdict, or (so far h. Journal, 
as it is or may be carried on by citizens of the United States, for P- 181, 
supplying foreigners) to regulate the African trade, and to make 
provision for the humane treatment of slaves, in all cases, while 
on their passage to the United States, or to foreign ports, as far 
as it respects the citizens of the United States. 

" Sixthly. That Congress have also authority to prohibit fo- 
reigners from fitting out vessels, in any port of the United States, 
for transporting persons from Africa to any foreign port. 

" Seventhly. That the memorialists be informed, that in all cases 
to which the authority of Congress extends, they will exercise it 
for the humane objects of the memorialists, so far as they can be 
promoted on the principles of justice, humanity, and good po- 
licy." 

" Report of the Committee of tJie whole House. 
Report of " The committee of trie whole house, to whom was committed the 
the com- report of the committee on the memorials of the people 

the whole called Quakers, and of the Pennsylvania Society for pro- 

House, moting the Abolition of Slavery, report the following amend- 

ments : — 
" Strike out the first clause, together with the recital thereto. 



HISTORY OF CONGRESS. 731 



CHAP. IX. Miscellaneous— Abolition of Slavery— Benjamin Franklin. 1790. 



2?£°™fdn M ' anc *' m ^ eu hereof, insert: 'That the migration or importation 
of such persons as any of the states, now existing, shall think pro- 

the com- P er *° admit, cannot be prohibited by Congress, prior to the year 

mittee of one thousand eight hundred and eight/ 

house. " Strike out the second and third clauses, and, in lieu there- 

of, insert : ' That Congress have no authority to interfere in 
the emancipation of slaves, or in the treatment of them within 
any of the states ; it remaining with the several states alone to 
provide any regulations therein, which humanity and true policy 
may require. 

" Strike out the fourth and fifth clauses, and, in lieu thereof, 
insert : • That Congress have authority to restrain the citizens of 
the United States from carrying on the African trade, for the 
purpose of supplying foreigners with slaves, and of providing, by 
proper regulations, for the humane treatment, during their pas- 
sage, of slaves imported by the said citizens into the states admit- 
ting such importation.' 

" Strike out the seventh clause." 

It was then ordered that the report of the committee of the 
whole house do lie on the table. There was no subsequent le- 
gislation on the subject. 

Benjamix On the death of Benjamin Franklin, the House of Representa- h. Journal, 
FnAsiujir. jj ves evmce( j their sense of his worth, as appears by the Journal P- 198, 

of the proceedings of the 22d of April, 1790, in which occurs the 

following paragraph : — 

Mourning " The House being informed of the decease of Benjamin Frank- 

tion^of^s ^ n » a c ^i zen whose native genius was not more an ornament to 

memory, human nature, than his various exertions of it have been precious 

to science, to freedom, and to hi3 country, do resolve, as a mark 

of the veneration due to his memory, that the members wear the 

customary badge of mourning for one month." 

3d session. At the next session, on the 10th of December, 1790, a letter was s. Journal, 
Copies of ^id before the Senate, and by them transmitted to the House of P* 22 °- 
eulogiums Representatives, from Monsieur Beniere, President of the Com- h. journal, 
in Paris. monalty of Paris, addressed to the President and members of Con- p.334.337. 
gress of the United States, with twenty-six copies of a civic eulo- 
gy on Benjamin Franklin, pronounced the 21st day of July, 1790, 
in the name of the Commonalty of Paris, by Monsieur L'Abbe 
Fauchet ; and, on the 1 5th, the House of Representatives agreed 
to the following resolution : — 
Vol. I.— 91 



722 HISTORY OF CONGRESS. 



Chap. IX. Miscellaneous— Dauphin of France— French Constitution. 1790. 



1st congress. "This House, being highly sensible of the polite attention of 

3d Session. . . ° J . , * 

the Commons of Pans, in directing copies of a eulogium, lately- 
pronounced before them, as a tribute to the illustrious memory 
of Benjamin Franklin, a citizen of the United States, to be trans- 
mitted to Congress : 
Resolu- " Resolved — That the speaker do, accordingly, communicate 

tion of tn e sense of the House thereon to the President of the Com- 

House. . 

mons of Pans." 



1st congress. The information of the death of the Dauphin of France was 1789. 

1st Session . ' * , . ■ 

communicated to the two houses of Congress in the following h. Journal, 
Dauphin message from the President of the United States, transmitted on P- 129 - 
orFBA*cE. the 29th of September, 1789:— 

* United States, September 29, 1789. 
" Gentlemen of the House of Representatives, [Senate : — ] 
Message " His Most Christian Majesty, by a letter dated the 7th of 

fromPresi- June last, addressed to the President and members of the gene- 
ral Congress of the United States of North America, announces 
the much-lamented death of his son, the Dauphin. The gene- 
rous conduct of the French monarch and nation towards this 
country, renders every event that may affect his or their pros- 
perity interesting to us; and I shall take care to assure him of 
the sensibility with which the United States participate in the 
affliction which a loss, so much to be regretted, must have occa- 
sioned both to him and to them. 

" George Washington." 

This message was ordered to lie on the table, and Congress 
adjourned on the same day. 



m congress. On the 5th of March, 1792, the following message was trans- 1792. 

let Session. 



mitted by the President of the United States to the two houses S. Journal, 
Freitch ^ p. 404. 

Cmtmr- of Congress:- n.j^^ 

T " >y - " United States, March the 5th, 1792. p. 527. 

Message of 

President, " Gentlemen of the Senate, and of the House of Repre- 

endosing sen t a tives:— 

letter of .'-•«. •> 

King of " Knowing the friendly interest you take in whatever may 

France, an- p romo t e the happiness and prosperity of the French nation, it 
his accept- is with pleasure that I lay before you the translation of a letter 
CoMtitu* C wnicn * have recei ved from His Most Christian Majesty, an- 

tion. 



HISTORY OF CONGRESS. 733 



Chap. IX. Miscellaneous— French Constitution. 1792. 



2d congress, nouncing to the United States of America his acceptance of the 

1st Session. _. . ■ . , 

Constitution presented to him by his nation. 

"G. Washington." 

Translation of a Letter from the King of France, of Sep- 
tember \9th, 1791. 

" Very dear great Friends and Allies: 

" We make it our duty to inform you that we have accept- 
ed the Constitution which has been presented to us in the name 
of the nation, and according to which France will be henceforth 
governed. 

" We do not doubt that you take an interest in an event so 
important to our kingdom and to us; and it is with real pleasure 
we take this occasion to renew to you assurances of the sincere 
friendship we bear you: whereupon, we pray God to have you, 
very dear great friends and allies, in his just and holy keeping. 

" Your good friend and ally, 

" Louis. 
« Written at Paris, the 19th of Sept., 1791. 

" Moktmoriit. 
" The United States of North America: 3 

Resolution ^ n tne 10t ^ °^ ^ arcn > *' was moved that the House come 
proposed, to the following resolution: — 

"Resolved — That this House hath received, with sentiments h. Journal 
of high satisfaction, the notification of the King of the French, p. 532. 
of his acceptance of the Constitution presented to him in the 
name of the nation: and that the President of the United States 
be requested, in his answer to the said notification, to express 
the sincere participation of the House in the interests of the 
French nation, on this great and important event, and their wish, 
that the wisdom and magnanimity displayed in the formation and 
acceptance of the Constitution, may be rewarded by the most 
perfect attainment of its object, the permanent happiness of so 
great a people." 

Motion to A motion was then made to commit this motion; and the Id# p . 533. 
commit ne- question being taken, it was decided in the negative, by the fol- 
v ' lowing vote: — 

Ayes— Messrs. Ames, B. Bourne, Goodhue, Gordon, Hillhouse, 

Lawrance, Learned, Livermore, Niles, Sedgwick, Jere. Smith, 

Wm. Smith I. Smith, Sturges, Wadsworth, Ward, Wayne. — 17. 

Noes — Messrs. Ashe, Baldwin, Barnwell, Benson, Clarke, 

Findley, Fitzsimons, Giles, Gilman, Gregg, Hartley, Heister, 



724 HISTORY OF CONGRESS. 



Chap. IX. Miscellaneous— French Constitution. 1792. 



2d congress. Jacobs, Key, Kitchell, Kittera, Lee, Macon, Madison, Mercer, 

1st Session. , 

Murray, Page, Schoonmaker, Seney, Steele, Sterrett, Sumpter, 
Thatcher, Tredwell, Tucker, Venable, Vining, White, William- 
son, Willis. — 35. 
Resolution The resolution was then discussed, and a division being de- 
dmded. m anded, the question was first taken on agreeing to the first part 
of the motion, in the words following: — 

" Resolved — That this House has received, with sentiments of 
high satisfaction, the notification of the King of the French, of 
his acceptance of the Constitution presented to him in the name 
of the nation; and, that the President of the United States be re- 
quested, in his answer to the said notification, to express the sin- 
cere participation of the House in the interests of the French na- 
tion, on this great and important event" 

First part And this motion was determined in the affirmative, by the fol- 
agreedto. ] owing vote: __ 

Jiyes — Messrs. Ames, Ashe, Baldwin, B. Bourne, Clarke, 
Findley, Fitzsimons, Giles, Gilman, Goodhue, Gordon, Gregg, 
Hartley, Heister, Hillhouse, Jacobs, Key, Kitchell, Kittera, Law- 
rance, Learned, Lee, Livermore, Macon, Madison, Mercer, 
Murray, Niles, Page, Schoonmaker, Sedgwick, Seney, Jere. 
Smith, I. Smith, Wm. Smith, Steele, Sterrett, Sturges, Sump- 
ter, Thatcher, Tredwell, Tucker, Venable, Vining, Wadsworth, 
Ward, Wayne, White, Williamson, Willis. — 50. 

Noes — Messrs. Barnwell, Benson. — 2. 

The second part of the motion was then taken up for consider- 
ation, as follows: — 

" And their wish that the wisdom and magnanimity displayed 
in the formation and acceptance of the Constitution, may be re- 
warded by the most perfect attainment of its object, the perma- 
nent happiness of so great a people." 

Second ^ ne q uest ' on being taken on agreeing to this part of the reso- h. Journal, 
part a- lution, it was decided in the affirmative, by the following vote: — P* 584 - 
greed to. ,#y e< s— -Messrs. Ashe, Baldwin, B. Bourne, Clarke, Findley, 
Fitzsimons, Giles, Gilman, Gregg, Hartley, Heister, Key, Kitch- 
ell, Kittera, Lee, Macon, Madison, Mercer, Murray, Niles, 
Page, Schoonmaker, Seney, Steele, Sterrett, Sturges, Sumpter, 
Thatcher, Tredwell, Tucker, Venable, Vining, Wayne, White, 
Willis.— 35. 

Noes — Messrs. Ames, Barnwell, Benson, Goodhue, Gordon, 
Hillhouse, Jacobs, Lawrance, Learned, Livermore, Sedgwick, 
Jere. Smith, I. Smith, Wm. Smith, Wadsworth, Ward.— 16. 



HISTORY OF CONGRESS. 725 



Chap. IX. Miscellaneous— French Constitution. 1792. 



2d congress. It was then ordered, that Messrs. Tucker, Madison, Mercer, 

1st Session. 7 7 . ' 

Vining, and Page, be appointed a committee to wait on the Pre- 
sident of the United States with the resolution. And, on the 
13th, Mr. Tucker, from this committee, made report that the 
committee had discharged the duty assigned to them. 

The subject was taken up in the Senate, on the 12th of March, 
when the following resolution was submitted for considera- 
tion: — 
Resolution " Resolved — That the President of the United States of Ame- H. Journal, 
Senate. "* r,ca ^ e re( l ueste d to make known to the King of the French, the p * 
satisfaction with which the Senate of the United States have re- 
ceived the official communication of his acceptance of a constitu- 
tion, which, it is their earnest wish, may establish, on a solid basis, 
the freedom and prosperity of the French nation, and the hap- 
piness and glory of the monarch presiding over it." 

The consideration of this resolution was postponed till the next 
day, when it was moved to postpone the above motion, in order 
to take up the following: — 

Motion to "Resolved — That the President of the United States be in- s. Journal, 
postpone formed that the Senate have received with satisfaction the official P* 408 - 
intelligence that the King of the French has accepted the Consti- 
tution presented to him by the National Assembly, and are 
highly gratified by every event that promotes the freedom and 
prosperity of the French nation, and the happiness and glory of 
their king." 

The question being taken on the motion to postpone, it was 
determined in the negative, by the following vote: — 

•dyes — Messrs. Bassett, Cabot, Ellsworth, King, Strong, Win- 
gate. — 6. 

Nays — Messrs. Bradley, Burr, Butler, Carroll, Dickinson, 
Few, Foster, Gunn, Hawkins, Henry, Johnston, Izard, Lang- 
don, Lee, Monroe, Morris, Read, Robinson, Rutherford, Stan- 
ton, Sherman. — 21. 
Resolution The original was then amended and agreed to in the follow- id. p. 409. 

amended j form:— 

and adopt- ° 

ed. " Resolved — That the President be requested to make known 

to the King of the French, that the Senate of the United States 
have received, with the highest satisfaction, the official commu- 
nication of his acceptance of a constitution, which, it is their 
earnest wish, may establish, on a solid basis, the freedom and 
prosperity of the French nation, and the happiness and glory of 
the monarch presiding over it." 



726 HISTORY OF CONGRESS. 



Chjlp. IX. Miscellaneous— John Brown Cutting. 1792. 



2d congress. On the 14th, it was ordered that the above resolution be signed s. Journal, 

— : — — by the Vice-President, and laid before the President of the p * 410, 

Ordered to _, . . „ . , 

be laid be- United States by the secretary. 

fore the 

President Qn the Qfh Qf February> 1792> lhe following message was H. Journal, 

transmitted to the two houses of Congress by the President of P* 503 - 

the United States: — 

" United States, February the 8th, 1792. 

" Gentlemen of the Senate, and of the House of Representa- 
tives: — 
Message of " An article of expense having occurred in the department of 
President, foreign affairs, for which no provision has been made by law, I 
lay before you a letter from the secretary of state, explaining the 
same, in order that you may do thereon what you shall find to 
be right. 

" G. Washington." 

Johx The message and letter were read, and referred to Messrs. Fitz- 

Baowx simons, Lawrance, and Goodhue. On the 22d, Mr. Fitzsimons, id p sir, 
from this committee, made a report on the subject of the ac- 
count of John B. Cutting, transmitted by the secretary of state; 
and this report was taken up for consideration on the 4th of May, i<j. p . 597. 
when the following resolution was adopted by the House: — 

" Resolved — That in consideration of certain expenditures on 
behalf of the United States, made by John Brown Cutting, in 
the year one thousand seven hundred and ninety, there be ad- 
vanced and paid to the said John Brown Cutting the sum of two 
thousand dollars, out of any money not otherwise appropriated; 
and that the secretary of state be authorized to inquire into the 
entire claim of the said John Brown Cutting against the United 
States; and, upon receipt of the proofs and exhibits in support 
thereof, to ascertain what sum shall thereupon appear to be due 
to or from him, in account with the United States, including 
the advance hereby directed, and to report the same to the next 
session of Congress." 

It was then ordered, that Messrs. Fitzsimons, Lawrance, and Idi p 601# 
Goodhue, prepare and bring in a bill pursuant to the above reso- 
lution. On the same day, Mr. Fitzsimons, from this committee, 
presented a bill concerning the claim of John Brown Cutting 
against the United States, which was then read the first and se- 
cond time, and committed to a committee of the whole house. 
The bill was amended in committee of the whole on the 7th; 
and, having been reported without amendment, was ordered to 



HISTORY OF CONGRESS. 727 



Chap. IX. Miscellaneous— John Brown Cutting. 1792. 



2d congress, be engrossed and read the third time. The bill was then read 

1st Session. *f , 

the third time, and, on the question of its passage, the vote ap- 
pears to have been as follows: — H. Journal, 

Jiyes — Messrs. Ames, Barnwell, Benson, Boudinot, B. Bourne, p " 
Clarke, Fitzsimons, Gordon, Griffin, Heister, Huger, Lawrance, 
Learned, Lee, Livermore, Madison, Muhlenberg, Murray, Page, 
Wm. Smith, Steele, Sterrett, Tucker. — 23. 

Noes — Messrs. Ashe, Baldwin, S. Bourne, Brown, Giles, 
Goodhue, Key, Kitchell, Macon, Moore, Schoonmaker, Jere. 
Smith, I. Smith, Sturges, Sumpter, Silvester, Thatcher, Tred- 
well, Venable, Ward, White, Williamson. — 22. 
Billpassed. The bill was therefore passed, and sent to the Senate for con- S. Journal, 
currence. And, on the 7th and 8th, this bill passed through its P* 440 * 442 
various readings in the Senate, 



XE.HBERS OF THE FIRST CONGRESS. 



SENATE. 



Caleb Strong-, 7 
Tristram Dalton, 5 

John Lang-don, ? ^ 
Paine Wingate, 3 i 

Wm. S. Johnson, 
OhVer Ellsworth, 



Massachusetts. 



iw Hampshire. 



COXXXCTICrT. 



I* 



Philip Schuvler, , 

t, r t— ' r -Sew Iorr. 

Rufus King-, 

Jonathan Elmer, 
Wm, Paterson, 

3d session, 
Philemon Dickinson, J 

Win. Maclav, ~) „ 

Robert Mon-is, 5 PEKyST1TjUTIA - 



V 



ew Jerset. 



Charles Carroll, "5 
John Henry, > 



Marxea?jd. 



Richard Henry Lee, 
Wm. Grayson. 

After 31st March, 
1790— John Walker, 
3d session-James Monroe. 



f 



Samuel Johnston, | ClB01I3rAi 

Benjamm Hawkins, 3 

Pierce Butler, "> c „,___. 

Ralph Izard, J &orTfi Ca*ou*a. 



William Few, ? 
James Gunn, 3 



Georgia. 



At the 3d session appeared — 

Joseph Stanton, ? Rfl0DE r^^ 
Theodore Foster, 3 



REPRESENTATIVES. 



Abiel Foster, 
Nicholas Gilman, 
Samuel Livermore, _ 

George Thatcher, 
Fisher Ames, 
George Leonard, 
Elbridge Gerry, 
Benjamin Goodhue, 
Jonathan Grout, 
George Partridge, 
Theodore Sedgwick. J 

Benjamin Huntington, 
Roger Sherman, 
Jonathan Sturg*es, 
Jonathan TrumbulL 
Jeremiah Wadsworth, j 

Egbert Benson, 
William Floyd, 
John Hathorn, 
Jeremiah Van Rensselaer, 
John Lawiance, 
Peter Silvester, 

Elias Boudinot, "} 

Lambert Cadwalader, 
James Scbureman, 
Thomas Sinnickson, 

George Clymer, 
Thomas Fitzsimons, 
Thomas Hartley, 
Daniel Heister, 
F. A. Muhlenberg, 
Peter Muhlenberg, 
Thomas Scott, 
Henry Wynkoop, j 



New Hampshire. 



^MASSACHUSETTS. 



^Co>->-ECTICCT. 



>N. Yc 



New Jeiiset. 



^Pe>>stlva2cia. 



>Martlajd. 



-Virginia. 



John Vining — Delaware, 

Daniel Carroll, 
Benjamin Contee, 
George Gale, 
Joshua Seney, 
William Smith, 
Michael Jenifer Stone, a 

Theodoric Bland, 
John Brown, 
Isaac Coles, 
Samuel Griffin, 
Richard Bland Lee, 
James Madison, jr. 
Andrew Moore, 
John Page, 
Alexander White, 
Josiah Parker, 

Edanus Burke, 
Daniel Huger, 
William Smith, 
Thomas Sumpter, 
Thomas Tudor Tucker, 

Abraham Baldwin, } 

James Jackson, V Georgia. 

George Mathews, j 

At the third session of the first Congress, the 
following additional members attended :— 

Benjamin Bourne — Rhode Islasd. 

John Baptiste Ashe, "^ 

Timothy Bloodworth, 

John Sevier, ^N. CAROLiyA. 

John Steele, 

Hugh Williamson, J 



►S. Caroeixa. 



UEJ1BJERS OF THE SE< 0^1> i !ONGRESS, 



SENATE. 

John Langdon, ? N Hampshthe 
Paine Wingate, 5 N W Hampshihe - 

Moses Robinson, ? v _ MO _ 
Stephen R. Bradley, 5 VEllM0NT - 

George CabS, } Massachusetts. 



John Rutherford, 7 „ 
Philemon Dickinson, 5 ^^ JERSET - 

Robert Morris, } 

Albert Gallatin, ? C Pennsye. 

from Feb. 28, 1793. 5 3 



George Read, } ^ 
Richard Bassett,l DEXAwAIlE - 



John Henry, ") 

Charles Carroll. ( 

2c? session — ( 

Richard Potts, J 

James Monroe, 
Richard Henry Lee. 

2d session — 
John Taylor, 

Samuel Johnston, 
Benjamin Hawkins, 



Maryland. 



Virginia. 



? N. Carolina, 

Pierce Butler, ~> c ~ 

Ralph Izard, '£ South Carolina. 

William Few,? Ge 
James Gunn, 5 

2/7 «>™Vm 5 John Browne, ? 
Zd session £ John Edwards> £ jK*. 



REPRESENTATIVES. 



Nicholas Gilman, 
Samuel Livermor 
Jeremiah Smith 



Hampshire. 



>re, £N. 



^Massachusetts 



George Thatcher, 
Fisher Ames, 
George Leonard, 
Elbridge Gerry, 
Benjamin Goodhue, 
Theodore Sedgwick, 
Shearjashub Bourne, 
Artemus Ward, 

Benjamin Bourne — Rhode Island. 

Jonathan Trumbull, 

Jeremiah Wadsworth, 

Jonathan Sturges, ^Connecticut. 

James Hillhouse, 

Amasa Learned, 



Egbert Benson, 

John Lawrance, 

Peter Silvester, 

James Gordon, 

Cornelius C. Schoonmaker. 

Thomas Tredwell, 

Elias Boudinot, ") 
Abram Clarke, 
Jonathan Dayton, 
Aaron Kitchell, J 

Vol. I.— 92 



-N. York. 



New jERsEr, 



Thomas Fitzsimons, 
Daniel Heister, 
Thomas Hartley, 
Frederick A. Muhlenberg, 
William Findley, 
Andrew Gregg, 
Israel Jacobs, 
John W. Kittera, 

John Vining — Delaware, 



Philip Key, 

Samuel Sterrett, 
Upton Sheridan, 
William Vans Murray, 
Joshua Seney. 
2c? session — 

William Hindman. 
William Pinckney, 
2c? session — 

John F. Mercer. 



►Penn'a, 



)-Mariland , 



John Browne, 
Samuel Griffin, 
William B. Giles, 
Richard Bland Lee, 
James Madison, 
Andrew Moore, 
Josiah Parker, 
John Page, 
Alexander White, 
Abraham Venable, 



^Virginia. 



730 



MEMBERS OF THE SECOND CONGRESS. 



John Baptiste Ashe, " 
John Steele, 
Hugh Williamson, 
William B. Grove, 
Nathaniel Macon, j 



Daniel Huger, 
William Smith, 
Thomas Sumpter, 
Thomas Tudor Tucker, 
Robert Barnwell* 



>»N. Carolina. 



-S.Caroiisa. 



Abraham Baldwin, 

Francis Willis, 

Anthony Wayne, ^Georgia. 

afterwards John 

Milledge, 

2c? session — } 

Christopher Greenup, C Rejjtuckt. 
Alexander Onv j 



INDEX. 



Acts, records, and seal, Bill to provide for 

safe keeping of, - - Page 45 

Accounts between United States and indi- 
vidual states, - 446 — 453 
Measures to expedite settlement of, 448 
Bill to extend time for, - 453—455 
Addresses presented to President of United 

States, 33. 35. 69, 70. 102, 103. 119. 
121. 138. 140 



Adjournment, Resolutions concerning, 
Proceedings relating to, 
Appropriations for service of 1789, 
Ditto, 1790, 

Ditto, 1791, 

Ditto, 1792, 

Ditto, 1793, 686- 

Arrearages due to soldiers, proceedings re- 
lating thereto, - 449, 450 
Arts, useful, - - ' - 712—716 
Attorney General, Report of, and proceed- 
ings, - - 245 
Bill concerning, - 246 



50 
51 

680 

681 

681, 682 

682—686 

686—706 



Bank, 



United States, Bill to incorpo- 
rate, - - - 669—672 
Bill to reimburse loan to, - 673-r676 
Supplementary, - - 672, 673 
Bankruptcy, Uniform System of, - 612 
Balances due to United States, to provide 

for, ... 673 

Bailey, Francis, Petition of, - 713 

Barclay, Thomas, Relief of, - 558 

Barclay and Winey, do. - 559 

Barclay, Ralston, Assignee of, - 560 

Barney, Joshua, Bill for relief of, - 529, 530 
Bell, Jacob, Petition of, - - 388 

Bland, Theodore, Death of, - 77 

Bostwick, Elijah, Relief of, - 577 

Boulton's, Matthew, Proposals to supply 

copper coinage, - 467 

Brigadier General, Message concerning, 501 



Caldwell, Adam, Relief of, 612 

Campbell, Relief of, - - 565, 566 



Census, Bill to provide for taking, - 191, 192 

Returns of, - - 193 

Returns of, from South Carolina, 218 

Ceracchi, Memorial of, - 717 

Chaplains, Resolution to appoint, 21. 65. 107. 

113. 133 

Right Rev. S. Provoost, elected. 29 

Rev. Wm. Linn, do., 40. 65 

Right Rev. Bishop White, 107. 113. 133 

Rev. Mr. Blair, 107. 113 

Rev. Ashbel Green, do. 133 

Charleston, Memorial of merchants of, 678, 679 

Churchman, Petition of John, magnetic 

needle, - - 709—712 

Circulars, to absent members, - 11 

Claims barred by acts of limitation, 655 

Not barred by, do. - 655—657 

Clerk of House of Representatives, John 

Beckley appointed, - - - 11 

Coins, Foreign, Resolution concerning, 471 

Bill regulating, - - 472 

Collection Bills, - - 298. 319 

To suspend provisions of, 328, 329. 332 
To amend, - - 329,330 

To regulate, - - 319.327.341 

Commissioners for settling accounts be- 
tween the United States 
and individual states, 447 
Bill to increase salaries of, 447 
To treat with Indians, re- 
imbursement of, 523 
Of loans, provision for, 366 — 368 
Committee, to prepare rules for House of 

Representatives, - - 11 

Reported, - - 14 

To prepare rules for cases of 

conference, - - 14 

Report of ditto, - - 21 

To receive President of United 
States on landing from New 
Jersey, - - - 25 

To congratulate Vice-Presi- 
dent on his arrival, - 25 
To conduct Vice-President to 

Senate chamber, - 25 

Report of committee to re- 
ceive President, - 27 
To report what style or titles 
should be given to the Pre- 
sident and Vice-President, 

27.227.230 



732 



INDEX. 



Committee, to consider time and manner of 

administering oath to President, 27 
Report of; - - - - 27 

To prepare answer to speech of Presi- 
dent, 33. 68. 103. 120. 140 
To present address to President of the 

United States, 36. 69. 101. 119. 138 
(Joint.) To report a mode of commu- 
nication between the two 
houses, - - 39,40 

Report, - - 39,40 

On keeping and distributing- 
Journals, - - 40 
Report, - - 40,41 
(Joint.) A mode of receiving messages 

from the President, - 40 

Report, - - - 40 

To report as to supplying 
members with newspa- 
pers, and to receive pro- 
posals for printing, 42. 76 
Report, - - 42.77 
(Joint.) On enrolment of bills, - 43 
(Joint.) To make arrangements for re- 
ception of President, 24. 27 
Report, - - - 28 
(Joint.) On enrolled bills, - - 45 
On mode of communicating 

acts to states, - - 45 

On elections, 45. 76. 126 

Report of do. on petition of 

Ramsay, - 45 — 48 

Report of do. on New Jersey 

petitions, - 48 — 50 
(Joint.) To report what business shall 
be acted on, 

50. 72. 74. 124. 131 
To inform President of intend- 
ed adjournment, 50. 110. 145 
To view rooms in city hall, - 53 
Report, - . - - 53 

To inform President of meet- 
ing of Congress, 65. 98. 113. 133 
On subject of rules, - 75 

Report, - - - 76 

To prepare catalogue of books 

for Congress, - - 77 

To revise laws of United 

States, - 108 

In elections, report of, in case 

of Jackson against Wayne, 126 
On resignation of Pinckney, 130 
To consider amendments to 

the Constitution, 152 

To arrange articles of amend- 
ment, . - 159 
To provide for taking census, 

191—193 
On the commencement of 

terms of service, 221 

Report, - - 221,222 

Concerning time of choosing 

electors, - 224 

Committees, Appointment of, - 125 

Communication, Mode of, between two 

houses, adopted, 38—40 



Compensation to President, Vice-President, 
senators, and representatives, 

230—239 
Constitution, Resolution to prefix a copy of, 

to the acts of the session, - 43 
Ratification of, by 11 states, 146 
By North Caro- 
lina, 146 
By Rhode Island, 146 
Amendment to, proposed by 

Rhode Island, 146. 149 
By Virginia, 149—151 
By New York, 151, 152 
Motions to amend, 157—161. 190 
Articles of amendment to be 
submitted to the 
states, 160. 171—173 

Motions to amend articles, 

160—164 
And to add new ones, 164 — 169 
Amendments to, ratified 169, 170 
By Maryland, 174, 175 

By New Hampshire, 175, 176 

By South Carolina, - 176, 177 
By Delaware, - 177,178 

By Pennsylvania, - 178, 179 
By New York, - 179—181 

By North Carolina, - 181,182 
By Rhode Island, - 182,183 
By New Jersey, - 183, 184 
By Virginia, - 185, 186 

By Vermont, - 186 

By Pennsylvania, of 1st arti- 
cle, - - 184 
By Virginia, of do. - 185 
Amendments proposed, con- 
cerning the ju- 
diciary, 187. 189 
Report on do., - 190 
Copy-rights, Proceedings relating to, 707 — 709 
Consuls, Fees to, &c, - - 466 — 469 
Convention with France, bill to carry into 

effect, - - 465,466 

Cook, David, Relief of, - - 565 

Courts, Circuit, apportionment of labour, 268 
Courts, Altering times of holding, 268, 269 

Creditors, Public, Petition of, - 644. 647 
Crimes and Punishments, - 263, 264 

Currency, Depreciation of, - 678, 679 

Customs, Inspectors of, Compensation to, 390 
Officers of, do., - - 390,391 

Cutting, John Brown, Relief of, - 726, 727 



D. 



Debt, Relief of persons imprisoned for, 613 
Debts, Bill making provision for, 386 

Debt of the United States, Provision for, 

618—639 

Reduction of, - - 640,641 

Recovery of lost evidences of, 644 — 646 

Debt, Domestic, Subscriptions of, 651 — 654 

Call on commissioners of, - 665, 666 

Denmark, Rix dollar of, Rate of, 608, 609 

Dobbyn, Hannibal, Petition of, - 409 



INDEX. 



733 



Door-keeper of House of Representatives, 
Gifford, Dalby, elected, 11, 

Assistant do., Thomas Claxton, 

elected, - 11 

Of Senate, James Mathers, 

elected, - 



113 
113 



Duties, Remission of, 



- 24 
387—389 



E. 



Electors of President and Vice-President, 

when to be chosen, - 223 

Ely, John, Petition of, and bill, - 552, 553 
Estimates of appropriations required, called 

for, ... 680 

Furnished from treasury, 680, 681 
Executive Departments, Bills to establish, 432 
Treasury, - - 437—439 

War, - - - 436,437 

Foreign affairs, - 432—436 

Excise Districts, Arrangement of, 358 — 364 
Exportation, Bill to prevent, not duly in- 
spected, - - 602,603 



F. 



Families of persons killed, Relief of, 547, 548 
Fees for transfer of public securities, con- 
cerning, - - 484 
Fines and Forfeitures, Remission of, 331, 332 
Fisheries, Protection of, - - 594—600 
Fitch John, Petition of, - 715, 716 
Foreign intercourse, Compensation to per- 
sons engaged in, - 455 — 458 
Foreign Affairs, Department of, - 432 — 436 
France, Dauphin of, Death of, - 722 
Constitution of, accepted by king, 722 
Franklin, Benjamin, - - 721 
Freighters, Responsibility of, - 593, 594 
Frontiers, Bill for protection of, - 384 — 387 
Protection of, - - 502—513 



G. 



Gallipolis, Bill to grant lands to inhabit- 
ants of, - - 430,431 
Garanger, Lewis, Relief of, - 677—680 
Georgia, Assumption of debt of, - 639, 640 
Gibson, George, Relief of, - 563, 564 
Glaubeck, Baron de, Relief of, - 580, 581 
Government, Permanent seat of, 54. 60. 81 
Offers of Virginia, Maryland, 
New Jersey, Pennsylva- 
nia, &c, - - - 54 
Bill to establish, - 60—63 
Motion to repeal, - - 96 
Message of President con- 
cerning, - - 108,109 
Bill relating to, - 109, 110 
Plan of city, transmitted, 125 
Plat of territory on Potomac, 

143, 144 



Gould, David, Relief of, - 
Greene, General, Relief of, 



H. 



557,558 
566—570 



Half Pay, claims to, to regulate, 535 — 541 
Hanson, A. C, Bill for relief of, - 267 

Heaton, Robert, Petition of, - 387, 388 

Hebert & Co., of Paris, Propositions of, 429 
Henderson, Joseph, Relief of, - 574. 575 
Hospitals, Marine, - - 549 



I. 



Illinois and Oubache companies, Petition 

of, 431 

Importations from Rhode Island, to pre- 
vent, - - 609 
Imposts and Tonnage, - - 287—339 
Indians, Hostility of, - - 485—499 
Concerning treaties' with, 

514—519. 524 

Trade and intercourse with, 519. 525, 526 

Expedition against, - 521, 522 

Papers relating to, - 525, 526 

Interest on sums ordered by Congress of 

1785, as indemnity, &c., - 657 



Jackson, James, Petition of, against elec- 
tion of Wayne, - 126—129 
Journals, Resolution of House of Represen- 
tatives to furnish members with 
sets, - - - - 41 
Order of House of Representa- 
tives to send copies to state exe- 
cutives and legislatures, 41 
Executive, Extracts from, to be 

furnished to members, 107 

Entering and publishing, 123, 124 

Judicial Proceedings, Authentication of, 260, 261 

Judiciary, Bill to establish, - 239. 243 

To extend to North Carolina, 243 

Rhode Island, 243 

Department, salaries of, 

244,245.248.251 
Bill in addition to act to esta- 
blish, - - 247,248 
Processes, Bill to regulate, 251, 252 
Processes, Bill to continue in 
force, Act to regulate, 

252, 253 
Bill to compensate officers and re- 
gulate processes, - 253. 260 
Justice, Fugitives from, - 261, 262 



K. 

Kentucky, Admission of, 
Kimberty, E., Petition of, 



269—272 
579 



734 



INDEX. 



L. 

Lands, Public, Uniform system for dispo- 
sition of, - - 408 
Resolutions concerning, - 409 
Land-offices, Bill to establish, - 408 — 413 
Lands, Cession of, by North Carolina, 414 — 416 
reserved by Virginia for officers, 

&c, - - - 416.419 

Vacant, Message of President con- 
cerning, - - 420,421 
North-western, Bill concerning, 421—424 
Learning, encouragement of, Bill to 

amend, - - - 708,709 

Light-house bill - - - - 586 

to amend, - - 588 

in Charleston Harbour ceded, 588 
at Sandy Hook, ceded, - 588 
to finish on Portland Head, - 588 
to erect at Montuk Point, 589 

to finish at Bald Head, N. C. 589 
Lists of votes for President, how to be 

transmitted, - 223 

Loan, Dutch, - - - 650. 662 

Loans to pay debts due to states, 657 — 662 

Loan, resolution of House concerning, re- 
ceiving of, in domestic debt, - 663 
Bill concerning do., - 663, 664 

Lutterloh, Petition of, - 575, 576 



M. 



Maps, purchase of, ordered, - - 142 

Maryland, claim of, - - 664, 665 

Resolution concern- 
ing place, 78 — 80 
Resolution and bill, 

to alter time, 110, 111 
M'Cord, John, relief of, - - 557 

Mercer, General Hugh, Bill concerning, 581, 582 
Messages from President, mode of re- 
ceiving by the two houses, adopted, - 40 
Mediterranean trade, - - 605 — 607 

Meeting of Congress, Bill to alter time of 

next, - 52 

Messenger of Senate, Cornelius Maxwell 

elected, - - - - 21 

Military establishment, - - 495 — 501 

Proposition to reduce, 513, 514 

Militia, Organization of, - 485 — 493 

Pensions to, - - 548. 549 

Mint, Proceedings concerning, - 467 

Bill to establish, ' - 468—470 

Bill to amend act to establish, 471, 472 

Moore, S., Petition of; - - 662. 663 

Morris, Robert, Memorial of, - 475. 478 

Morocco, Emperor of, Appropriation to 

perfect treaty with, - - 606, 607 

Motion to allow members right to enter 

protest, - - - - 41 

N. 
Naturalization, Concerning, - 716, 71? 

National defence, Concerning, - - 487 



Navigation, Encouragement of, - - 586 

Navy, Memorial of officers, - - 529 

New Jersey, Petitions of inhabitants of, 

complaining of illegality of elections, 42 — 50 
Newspapers, Resolution concerning, - 73 

Postage on, to reduce, - 406 
New York City Hall opened to Congress, 

and proceedings thereon, - 52, 53 

Vote of thanks for City Hall, 97 

North Carolina cession, Boundary of, 416 

O, 

Oath, Bill to regulate the taking of, 12—14 
Form of, prescribed, - - 12 

Administered, - - 14. 24. 113 

Officers of House, to remain till succes- 
sors appointed, ... 145 
Officers, foreign, Debt to, - - 646 
Ohio company, Petition of, - 425 — 428 
Order, Question of, - - 78 

P. 

Papers, original, Order to return, - 144 

Parmill, Joseph, Relief of, - - 566 

Penalties under copy-right law, To in- 
crease, - - 709 
Pennsylvania, Contract with, - - 428 
Raising troops within, - 583 
Pensions, invalid, Concerning, 

530, 531. 535— 542, 543. 546 
To prevent transfers of, - 531 

To widows, orphans, and inva- 
lids, - - - 532—535 
Petitions for, - - - 542 
Mode of payment, relating to, 546, 547 
Militia, - - 548,549 
Philadelphia, Congress meet at, 97. 112. 132 
Commissioners of, offer accommo- 
dations, &c, .-- 106 
library opened to Congress, 106. 124 
Pinckney, Resignation of, - - 130 
President of Senate, John Langdon elect- 
ed, - - - 12 
pro tern., Richard Henry 

Lee elected, 131 
Right to vote de- 
cided, - 131 
John Langdon 

elected, 132. 145 
Post-master General, Letter from, - 392 

Plan from, - 393 

Post-office, Resolution concerning, 392, 393 

Bills concerning, - 393—395 

Situation of, - - 405,406 

Post-offices, and post-roads, Bill to esta- 
blish, ... - 397—406 
Posts in the wilderness, Bill concerning, 529 
President of U. S., Votes for examined, 12. 144 
Ceremonial of receiv- 
ing, - 24, 25 
Reception of, and ad- 
ministering of oath 
to, - - 29 



INDEX. 



735 



President of U. S., Speech of, 1st con- 
gress, 1st session, 20 — 24 
Do. 2d do. 65—68 

Do. 3d do. 98—101 

Speech of, 2d con- 
gress, 1st session, 113 — 119 
Do. 2d do. 133—138 

Reply of, to addresses, 

37. 70. 72. 103. 106. 120. 
122. 142, 143 
Message of, concern- 
ing intended recess, 51, 52 
Style and title of de- 
termined, - 227. 229 
Prisoners, Safe keeping of, - 264, 265 
Public credit, Provision for support of, - 332 
Resolutions concerning, 333, 334 



o. 



Quorum of first House of Representatives, 1 1 
of Senate, - 12 



R. 



Ramsay, D., Petition of, against return of 

Win. Smith, - - 45—48 

Petition for copy-right, - 707 

Read, Nathan, and Stevens, (John,) peti- 
tion for exclusive privileges, 713 
Representatives, House of, Answer to 
• speech of President, 

1st Congress, 1st Session, 35, 36 

Do. 2d do. 70—72 

Do. 3d do. 103—105 

2d. Do. 1st da. 121, 122 

Do. 2d do. 140—142 

Representatives, present at meeting of first 

Congress, - & 

Absent, - - - 10 

Present at meeting of 

2d Session, 64, 65 
Do. do. 3d do. 97,98 
2a Congress, 1st Session, 112 
Do. 2d, do. 132 
Apportionment of, 194 — 217 
Resolution, Joint, that President, Vice-Pre- 
sident, and houses, attend 
Divine service, 28, 29 

I(foint.) On mode of transmitting 
acts to states, - 45 

Concerning permanent seat 
of government, 54 — 60 
ode Island, Extension to, of bill providing 
for taking census, - 192, 193 

Rules of the House of Representatives, 14 — 19 
Additional, - - 19, 20 

Reported and recommitted, - 20 

Of Senate, - - 21,23 

(Joint,) as to enrolment of bills, 

&c, - - - 43 

On subjects of reconsideration, - 75 
Relating to amendment of bills re- 
scinded, - 108 



Rules, Of former Congress adopted, 
Additional, 
Senate, - 



S. 



122 
122 
123 



Saddler's, Christopher, Petition, 330, 331 
Salaries of executive officers, Bills to esta- 
blish, - - - 439—441 
Sands, Comfort, Bill concerning, - 573, 574 
Scriba, George, Petition of, - - 409 
Seamen, Hospitals for, -•■'•«. 549 
Distressed Soldiers and, 549 — 550 
Sick and infirm, - 552 
Increase of, - - 552 
Regulation of, in merchants' ser- 
vice, - - 601 
Secretary of Senate, I. A. Otis, elected, - 24 
Senators present at meeting of, 

1st Congress, 1st Session, • 9 

Present at 2d do. - 64 

Do 3d. do. - 97 

2d Congress, 1st Session, - 112 

Do. 2d do. - 132 

Classification of, - 218—221 

Senate, Answer of, to speech of President, 

1st Congress, 1st Session, 33 — 35 

Do. 2d do. 69,70 

Do. 3d do. 102,103 

2d Congress, 1st do. 119, 120 

Do. 2d do. 138, 139 

Motions to open doors of, 76. 107. 125. 143 

Motion to admit members of House, 125, 126 

Sergeant-at-arms of Senate, Joseph Whea- 

ton elected, - - - 40 

Ships, Enrolling, licensing, and registering, 

590. 593 
Sinking fand, Report of commissioners of, 

641.644 
Call on do. - 677 

Slaves, Importation of, - - 327 

Slavery, Abolition of, - - 718 : 

Speaker, F. A. Muhlenberg, elected, - II 

To appoint committees, - 75" 

Vote of thanks to, - - 97 

Jonathan Trumbull, elected, - 112 
Vote of thanks, and reply, - 145* 

Spirits, Duties on, - - 341—357 

St. Clair's defeat, Concerning, - 582 — 585- 
St. Domingo, Letter from General Assem- 
bly of, - - 613 
States, Laws of, Order to procure, - 124 
Stenographers, Motion to employ, - 123 
Steuben, Baron, Bill for relief of, 553—557 
Stirling, Sarah, widow of Earl of, 560, 561 
Storer, Ebenezer, Relief of, - 581, 582 
Surveyor General, Bill to provide for, 415 
Swain, Shubael, Petition of, - 390 
Symmes', John Cleves, purchase of lands,424, 425 



T. 



Tax, Continental, Receivers of, - 



391 



36 



INDEX. 



Teas, Duties on, - 

To extend time for payment of du- 
ties on, - 365 
Terms of service, When to cammec : 
Territory south of Ohio, Government of, 
Thanksgiving, Day oft - - 63.64 
Thayre, Simeon, Relief o£ - :> 
Terms of duties, Acts giving assent to acts 
of Maryland, Georgia, and Bfcoie Is- 
land, concerning, • 610, 611 
Trade and navigation, Bui concerning, 6(WL 
i other powers in North Ameri- 
ca. - - - 604,605 
With Great Britain, and foreign na- 
tions, - - 607,606 
Treasury, Secretary ofj Motions concerning 

v:::-:.:ie ::" '.i-v :y. ■ 47? — ±53 
Complaint o£ concerning inaccu- 
racy of printing reports, 4*5 4*4 
Treasury, Motions concerning, - f?3,474 
Treaties, Resolution to append to laws, < i 

Tonnage, Duties on, 310, 311. 317. 319. 

329,330 
Tucker, John, Bill for relief o£ - 266 

Turner, Judge, Petition o£ - 445 

Twining, Nathaniel, Bill for relief of, 406 — 10$ 



Vacancies in office of Preside&t and Vice- 
President, 222 
Officer to fill, - 223, 224 
Vermont, Admission o£ - -372—396 
Veto of President on apportionment fad 



Vermont, Regulation of representatives in, 2*4 

Extension of laws to. - S 
Vessels. Registering of. - 

Unloading, in case of *l *** * -+*™ < i 

„ ■ * -, ^ ^^ " ^ 

1 ice-Pfceadent, I ::es f;r. en-:-:. - 12 

A: ::- :-" . --.-; r .r :':^ 
chair of the Se- 
nate, - 2d— 27 

Leave of risence :.:•. - 131 

Vbcennes, St, Petition of inhahitants of. 

429,430 

^ -s~. - ■'- - . --- -: .:.:;..:: 419 



W. 

WAanrarros, James, Relief o£ 



Webb, G.. Pe 



717 
. Petition of, - - 3H 

vrr.rr.--= ?^£ measures, - - 614—617 

Western Territory, Bills to provide for go- 

vemment of, - - 444. 445 

West Point, Purchase o£ - 562,501 

White, Anthony Walton, Belief o£ 
WDnington Acaioay, - - SflG 

Wines, B01 to repeal duties on, • 340 

- : :::.:r.r \-.tz:. :":; z-i~r~iz: ::" ci- 
ties on, - - 342-364 
Qmcerning duties on, 337. 361 33 
VV:.ir:.. Tbaaan. Relief :f. 
Woodrop and Sims, Petition o£, - 359 
Wrecks, Bill to remit duties on goods saved. 

fiom, - - - 371 



END OF VOL. I. 



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